Judgment

V. D. TULZAPURKAR, J. :- By this writ petition under Art. 32 of the Constitution the petitioner Naib Singh is challenging his continued detention in jail and is seeking an order in the nature of habeas corpus claiming that he has justly served more than the maximum sentence of imprisonment prescribed under law and should, therefore, be released.

2. The petitioner was originally sentenced to death on 18-1-1969 by the learned Sessions Judge, Ferozepore, for committing an offence of murder under S. 302, Penal Code. Later, on a mercy petition preferred by him, his death sentence was commuted by the Governor of Punjab to imprisonment for life, which he has been undergoing in the Central Jail at Bhatinda. Excluding the period spent by him as an under-trial prisoner (in respect whereof no life-convict is entitled to the benefit of a set-off) under S. 428, Cr. P. C. 1973 as interpreted by this Court in Kartar Singhs case, (1932) 3 SCC 1 the petitioner appears to have undergone a total imprisonment of 22 years 2 months and 17 days inclusive. of remissions as under:

Yrs. months days

(a) actual rigorous imprisonment after conviction. 11 5 10

(b) Jail remissions. 2 3 6

(c) Govt. remissio