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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Gurpreet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Manisha Batra, J. (Oral)
1. The present petition has been filed by the petitioners under Article 226 of the Constitution of India seeking issuance of a writ in the nature of certiorari for setting aside the order dated 11.04.2019 (Annexure P-2), passed by respondent No. 2-Additional Director General of Prisons, Punjab, whereby the case of the petitioners for their premature release had been rejected on the ground that at the time of passing the judgment of conviction and order on quantum of sentence, the sentences so awarded to the petitioners were not ordered to run concurrently by the trial Court.
2. In nutshell, the case of the petitioners is that they had been booked in a case arising out of FIR No. 125 dated 02.06.2006, registered under Section 302 of IPC at Police Station Kot Bhai. They were arrested and faced trial and were held guilty and convicted by the Court of learned Additional Sessions Judge, Sri Muktsar Sahib, vide judgment dated 25.08.2009 and were sentenced to undergo life imprisonment and to pay fine of Rs. 10,000/-. In default of payment of fine, they were to further undergo rigorous imprisonment for a period of one year. In addition thereto, they were al
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 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 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 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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