Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
Pargan Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Kuldeep Tiwari, J. (Oral)
1. Prayer of the petitioner for releasing him prematurely in view of the Government Policy dated 08.07.1991 (Annexure P-1), has been declined vide impugned order dated 22.04.2024 (Annexure P-6), which caused grievance to the present petitioner, and propelled him to file the instant petition under Article 226 of the Constitution of India, wherein, challenge has been thrown to the aforesaid impugned order, and a prayer has been made to release him prematurely as he claimed himself to be covered under the policy of the State of Punjab.
FACTS OF THE CASE
2. The petitioner alongwith other co-accused Harminder Singh, was arrayed as an accused in FIR No. 25, dated 25.03.1999, under Sections 302, 307 and 397 of the IPC, and under Section 25/27 of the Arms Act, registered at Police Station City Phagwara, and was tried for the said offences, and ultimately was convicted and sentenced to undergo imprisonment for life by the learned Sessions Judge, Kapurthala, vide judgment/order dated 27.09.2008, and the statutory appeal as preferred by the petitioner challenging the aforesaid verdict, was also dismissed vide judgment dated 13.12.2012.
3. On completion of the a
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 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.
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 court clarified that state policies for premature release must be applied equitably, implicating constitutional guarantees against arbitrary treatment.
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
