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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Gurdial Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
MANISHA BATRA, J.
1. The present petition has been filed by the petitioner under Article 226 of the Constitution of India making prayer for setting aside the order dated 24.04.2023 (Annexure P-3), passed by the respondent No. 1, whereby, the case of the petitioner for premature release, as per the policy dated 08.07.1991 (Annexure P-2), had been declined. He has also made prayer for issuance of a writ in the nature of mandamus by directing the respondents to release him on the ground that as per conditions of the aforementioned policy, he has already undergone his sentence.
2. As submitted in the petition, the petitioner had been held guilty and convicted for commission of offence punishable under Section 302 of INDIAN PENAL CODE (for short ‘IPC’), vide judgment of conviction and order on quantum of sentence dated 24.05.2008, passed in case arising out of FIR No. 147 dated 19.07.2006, registered under Sections 302 , 148 and 149 of IPC at Police Station Phillaur, Jalandhar and had been sentenced to undergo rigorous imprisonment for life. The petitioner had filed an appeal before this Court against his conviction, which had been dismissed, vide judgment dated 23.01.2013 pass
Premature release criteria must consider both the convict's compliance with sentencing policies and their personal circumstances, including health and age, ensuring a holistic approach in decision-ma....
The court directed that prisoners eligible under state policy for premature release must be evaluated fairly, without undue reliance on singular opinions, safeguarding against arbitrary treatment.
Remission in sentence – Sentencing is a judicial exercise of power – Act thereafter of executing sentence awarded, however, is a purely executive function which includes grant of remission, commutati....
The exercise of executive power of clemency is a duty vested in the Authority for the welfare of the people, and the case of premature release of a life convict is governed by the policy/guidelines o....
The discretion to suspend or remit the sentence lies with the State Government, but the decision must be in accordance with the law and not arbitrary. The opinion of the Presiding Judge must fulfill ....
Procedural safeguards in remission applications must be strictly followed, and reliance on insufficiently reasoned opinions can render decisions unsustainable.
The court mandated fair application of premature release policies for convicts, emphasizing that arbitrary denials infringe upon fundamental rights and must be reasoned.
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