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2014 Supreme(P&H) 852

SURINDER GUPTA
Kamal Kant Tiwari – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:S.S. Rana, Advocate
For Respondents/Defendant: Shivali, A.A.G.

Judgment

Surinder Gupta, J.

1. In this petition, the petitioner seeks the direction to the respondents to consider his case for premature release as he has already undergone the requisite-period of imprisonment as per Government Instructions dated 08.07.1991 (Annexure P-1). The petitioner was awarded sentence of imprisonment for life in case bearing FIR No. 38 dated 6.5.1998 for offences punishable under Sections 302 read with Section 34 and 120-B of Indian Penal Code, by the Court of Additional Sessions Judge, Muktsar vide judgment dated 30.09.2002. The appeal filed by the petitioner against the judgment was dismissed by this Court on 01.11.2004. The petitioner has alleged that he has already undergone about fourteen yearn six months of actual sentence and with remissions more than twenty years. As per the Government Instructions dated 8th of July, 1991, he was required to undergo ten years of actual sentence and fourteen years with remissions. The petitioner filed a petition i.e. CRM-M-16270 of 2010 which was disposed of on 14.01.2011 with direction to State Government to consider his case for premature release. His case was not considered and he had to file another petition i.e. C





















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