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1988 Supreme(P&H) 432

JAI SINGH SEKHON
Gurmej Singh – Appellant
Versus
State Of Haryana – Respondent


Judgment

Jai Singh Sekhon, J.

1. Gurmej Singh petitioner was sentenced to death by the learned Sessions Judge, Ambala, for the offence punishable under Section. 302 of the Indian Penal Code, on March 16, 1974. The death sentence was confirmed by the High Court. It was ultimately commuted to imprisonment for life by the Honble Governor of Haryana. He has invoked the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India for issuing a writ directing the State to set him at liberty as his further detention is illegal because he has undergone 11 years 8 months and 29 days substantive imprisonment including his detention during the pendency of the case besides having earned 7 years and 6 months by way-of remission in view of his good conduct in the jail. It was also stressed that provisions of Section 433-A of the Code of Criminal Procedure were not applicable to his case as the conviction order was passed by the learned Sessions Judge on March 16, 1974. It was further contended that paragraph 516-B of the Punjab Jail Manual which is based upon Government of Indias resolution No. M-159-167 dated 6.9.1905, would override the instructions issued by the State of





















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