Back
DEEPAK GUPTA
Kulwinder Singh @ Sonu – Appellant
Versus
State of Punjab – Respondent
DEEPAK GUPTA, J.
By way this criminal writ petition filed under Article 226 of the Constitution of India, prayer is made for issuance of writ in the nature of certiorari to quash impugned order dated 10.5.2022 (Annexure P/3); and further writ in the nature of mandamus to direct the respondents to release the petitioner prematurely, in view of the Government Policy dated 08.07.1991 (Annexure P/1).
2. Petitioner was convicted and sentenced to undergo imprisonment for life and to pay a fine of ?2,50,000/- with default sentence of 5 years in case FIR No.58/2004, under Sections 302 /34 of IPC, registered at Police Station Islamabad, Amritsar by the Court of learned Additional Sessions Judge (Ad hoc), Amritsar. Appeal filed by him was dismissed by this Court on 21.07.2010 in CRA-434-DB-2008.
3. According to the petitioner, he has already undergone more than 15 years and 6 months of actual sentence of imprisonment and more than 23 years with remission, though as per the Government Policy dated 08.07.1991 (Annexure P-1), he is required to undergo 10 years actual sentence and sentence of 14 years by including remission period. Repeated representations made by the petitioner to the Government f
The central legal point established in the judgment is that the arbitrary misuse of powers by the authorities in denying premature release, despite the petitioner fulfilling the parameters of the Pre....
The main legal point established in the judgment is that the policy prevailing at the time of conviction governs the grant of remissions, and the commission of jail offences should not be a sole grou....
The policy prevailing at the time of conviction is crucial for considering premature release of life convicts, and convicts opting to undergo sentence in open air jails are entitled to the benefit of....
The policy prevailing at the time of conviction of the convict is applicable for considering premature release, and if the petitioner has already served more than the required sentence as per the pre....
The key legal principle established was that the policy prevailing at the time of conviction governs the consideration of premature release for a life convict.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
