Judgment

Shah, J.—Leave Granted.

2. This appeal is filed against the judgment and order dated 22.9.1998 passed by the High Court of Punjab & Haryana at Chandigarh in Crimi­nal Writ Petition No. 1752 of 1997 filed by the respondent.

3. Respondent was awarded life imprisonment and dismissed from service by the General Court Martial after being tried for the offence under Section 302 I.P.C. and under Section 69 of the Army Act, 1950. He preferred a writ petition in the High Court for his immediate release from the imprisonment on the ground that he has undergone imprisonment exceeding 14 years. The High Court arrived at the conclusion that in view of the decision in Ajit Kumar etc. v. Union of India1 the re­spondent would be entitled to remissions earned in the jail and there­by respondent spent total period of 15 years 8 months and 29 days of imprisonment which obviously exceeded 14 years. The Court, therefore, directed immediate release of the respondent. That order is challenged by filing this appeal.

4. It has been pointed out by the learned counsel for the appellant that respondent has not undergone actual imprisonment for 14 years. Before the High Court, it was admitted that res