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1988 Supreme(P&H) 33

PUNJAB & HARYANA HIGH COURT
I.S.Tiwana, J.
Darshan Singh
Versus
State Of Punjab
Criminal Writ Petition No. 1728 of 1987,
Decided On : JANUARY 13, 1988

A convict who has served more than 15 years of imprisonment is entitled to premature release unless strong reasons are provided by the State authorities to justify continued custody.

Headnote:

Premature Release - Convict's Entitlement to Release - The court held that a convict who has already undergone more than 15 years of imprisonment should, in the normal course, be released from jail unless the State authorities have a very strong reason not to do so. The court relied on the law enunciated by the Supreme Court and the Delhi High Court to support the convict's entitlement to premature release.

Fact of the Case:

The petitioner, a convict under sections 302/34 of the Indian Penal Code, had undergone 15 years and 27 days of imprisonment including remissions. He filed a petition claiming entitlement to release based on the Punjab Jail Manual and government instructions.

Finding of the Court:

The court found that the petitioner should be released from jail as he had already served more than 15 years of imprisonment, and no strong reason was provided by the State authorities to justify his continued custody.

Issues: Entitlement to premature release based on the Punjab Jail Manual and government instructions.

Ratio Decidendi: A convict who has served more than 15 years of imprisonment should be released from jail unless the State authorities have a strong reason not to do so, as supported by the law enunciated by the Supreme Court and the Delhi High Court.

Final Decision: The court allowed the petition and directed the respondent-State to release the petitioner from jail forthwith.

Judgment

I.S.Tiwana, J.

1. No reply has been filed inspite of the long adjournment granted to the respondents on 11.12.1987 for the said purpose. In the absence of the same, the facts stated in the petition have obviously to be taken as correct for purpose of tis judgment.

2. As per the petitioner, who was arrested on 19.5.1978 and convicted on 4.10.1978 under sections 302/34, Indian Penal Code, he had already undergone 15 years and 27 days imprisonment including remissions by the time he filed this petition on 24.11.1987. Even after that, he continues to be in custody. His claim is that, in the light of paragraph 516-B of the Punjab Jail Manual read with the instructions, Annexure P1 and P2, issued by the State Government on 12.5.1977 and 29.12.1986 respectively, laying the guidelines for release of convicts like him, he was entitled to be released with the completion of 14 years sentence including remissions. It is also his case that, as a matte of fact, the Superintendent of Jail, Jalandhar, had recommended his case for such a release but he never heard anything thereafter. Keeping in view the law enunciated by the Supreme Court in Lale v. State of U.P., 1987 Supreme Court Cases (Cr.) 244 and Delhi High court in Criminal Writ Petition No. 272 of 1985 (Bachan Singh v. State (Delhi Admn) (Annexure P3) decided on 27.5.1986, a convict who has already undergone more than 15 years of imprisonment should, in the normal course, be released from jail unless the State authorities have a very strong reason not to do so. As indicated earlier, no reason of any sort has been shown by the respondents as to why the petitioner is not entitled to the premature release.

3. For the foregoing reasons, I allow this petition and direct the respondent-State to release the petitioner from jail forthwith.

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