Sukhdev Singh vs State Of Punjab And Others
2022 Latest Caselaw 7484 P&H

CRWP-7010-2022                                                -1-

137
        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

                                                  CRWP-7010-2022
                                                  Date of decision : 21.07.2022

Sukhdev Singh                                                         ...Petitioner

                                         Versus

State of Punjab and others                                          ...Respondents

CORAM:       HON'BLE MR. JUSTICE VIKAS BAHL

Present:     Mrs. B.P.K. Brar, Advocate for the petitioner.

             Mr. Sarabjit S. Cheema, AAG, Punjab.
             ****

VIKAS BAHL, J. (ORAL)

This is a Criminal Writ Petition filed under Article 226 of the

Constitution of India for issuance of directions to the respondents to initiate

and consider the premature release case of the petitioner.

Learned counsel for the petitioner has submitted that in the

present case, the petitioner was arrested in case FIR No.72 dated 11.06.2012

registered under Sections 302/307/201/34 of the Indian Penal Code, 1860 and

Sections 25/27/30/54/59 of the Arms Act at Police Station Valtoha, District

Tarn Taran and was convicted and sentenced to undergo life imprisonment

vide judgment dated 26.08.2015 and criminal appeal filed against the same was

dismissed vide order dated 31.05.2019. It is further submitted that the case of

the petitioner is covered by the Instructions of the Punjab Government dated

04.04.2013 and has further contended that although, the petitioner has issued

legal notice dated 11.06.2022 (Annexure P-2) for initiating the premature

release case of the petitioner but the respondents have not conveyed any

information/order to him.

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Learned counsel for the petitioner has submitted that the petitioner

would be satisfied in case, the present Criminal Writ Petition is disposed of

with directions to respondent No.3-Superintendent, Central Jail, Amritsar to

take a decision on the legal notice dated 11.06.2022 (Annexure P-2) in a time

bound manner.

Notice of motion.

On advance notice, Mr. Sarabjit S. Cheema, AAG, Punjab,

appears and accepts notice on behalf of the State and has submitted that he is

fully prepared to argue the matter and assist this Court. He has further

submitted that respondent No.3-Superintendent, Central Jail, Amritsar would

take a decision on the legal notice dated 11.06.2022 (Annexure P-2) within a

period of three weeks from the date of receipt of certified copy of the present

order.

Keeping in view the abovesaid facts and circumstances, the

present Criminal Writ Petition is disposed of with a direction to respondent

No.3-Superintendent, Central Jail, Amritsar to take a final decision on legal

notice dated 11.06.2022 (Annexure P-2) in accordance with law within a

period of three weeks from the date of receipt of certified copy of the present

order. Respondent No.3 would take decision on the same independently of the

observations made in the present order and in accordance with law.

Nothing stated above shall be construed as an expression of

opinion on the merits of the case.

21.07.2022                                            (VIKAS BAHL)
Pawan                                                    JUDGE

             Whether speaking/reasoned:- Yes/No

             Whether reportable:-              Yes/No




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