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1976 Supreme(SC) 219

A.C.GUPTA, S.MURTAZA FAZAL ALI
State Of M. P. : State Of Punjab – Appellant
Versus
Ajit Singh – Respondent


Advocates:
H.S.PARIHAR, M.S.Dhillon, N.Shroff, O.P.Sharma, RAM PANJWANI, S.K.MEHTA

JUDGMENT

FAZL ALI, J.:— These two appeals are directly covered by our decision in State of Madhya Pradesh v. Ratan Singh, Criminal Appeal No. 246 of 1971 = (reported in AIR 1976 SC 1552) just pronounced. The respondent Ajit Singh was sentenced under Section 302, I. P. C. by the Sessions Judge, Bhind in the State of Madhya Pradesh by his order dated January 28, 1960. An appeal against his conviction was dismissed by the High Court and the respondent was lodged in the Central Jail at Gwalior. Sometime thereafter under Section 3 of the Transfer of Prisoners Act, 1950 the Government of Madhya Pradesh transferred the prisoner Ajit Singh at his instance to the Punjab Government where he was lodged in the District Jail at Gurdaspur. Sometime in the year 1968 the prisoner having served for more than 20 years, the Punjab Government made a request to the State of Madhya Pradesh for release of the prisoner and remitting the remaining part of the sentence. The Madhya Pradesh Government however, declined to pass an order under Section 401 (1) of the Code of Criminal Procedure. Thereafter the respondent filed a writ petition in the High Court of Punjab and Haryana praying for quashing the order




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