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1987 Supreme(SC) 676

A.P.SEN, B.C.RAY
Hava Singh – Appellant
Versus
State Of Haryana – Respondent


Advocates:
C.V.SUBBA RAO, R.K.JAIN, R.P.SINGH PAL

Judgement

B. C. RAY, J.:- The petitioner who was aged about 18 years along with one Subeh Singh was involved in a case of murder of one of Ranbir Singh and he was convicted for an offence u/s. 302/34 I.P.C. and sentenced to life imprisonment by judgment and order dated 22nd May, 1980. The petitioner being admittedly below 21 years of age at the time of alleged commission of offence was sent to Borstal Institution in accordance with the provisions of Punjab Borstal Act, 1926. It has been stated that the petitioner has already undergone a period of about 6 years, 10 months and 11 days detention in jail and together with remissions earned by him it comes to over 10 years. It has been further stated that he is entitled to be released both under the Punjab Borstal Act as well as under Paragraph 516-B of the Punjab Jail Manual and has therefore prayed for his premature release as provided under the Punjab Borstal Act and also under Paragraph 516-B of the Punjab Jail Manual. In the counter-affidavit filed on behalf of the respondent sworn by one Shri Rain Chander Sarwan, Superintendent of District Jail at Rohtak it has been stated that the petitioner was convicted and sentenced to life i










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