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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURBIR SINGH
Manjit Singh @ Binu – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Gurbir Singh, J.
The petitioner has approached this Court by way of the present Criminal Writ Petition, filed under Article 226/227 of the Constitution of India, praying for issuance of direction to the respondents to initiate and consider the premature release case of the petitioner as he has already undergone more than the sentence period required for considering his case for grant of premature release.
2. Admittedly, petitioner and another co-accused namely Ravdeep Kaur were convicted vide judgment dated 28/30.03.2012, passed by the Court of learned Additional Sessions Judge, Chandigarh, in case FIR No.321 dated 14.10.2005, under Section 302/34/109/115/120-B IPC, registered at Police Station Civil Lines, Patiala and were sentenced to undergo imprisonment for life, which was ordered to be extended to their full life, and also to pay fine of Rs.50,000/- each. At present, the petitioner is lodged at Central Jail, Patiala. Aggrieved against the aforesaid judgment of conviction and order of sentence, the petitioner preferred Criminal Appeal before this Court bearing No.CRA-D-995-DB-2012, which is still pending before this Court for adjudication.
3. Learned counsel for the peti
The court mandated fair application of premature release policies for convicts, emphasizing that arbitrary denials infringe upon fundamental rights and must be reasoned.
The court established that adherence to the Premature Release Policy is mandatory, and past offenses cannot unjustly impede eligibility for release if the requisite sentence has been served.
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 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 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.
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