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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Sandeep Kumar – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Panka J Jain, J. (Oral) - CRM-W-207-2024
The petitioner initially approached this Court seeking issuance of directions to the respondents to release him prematurely being covered by police decision dated 08.08.2011. During the pendency of the petition the competent authority vide order dated 29.12.2023 endorsed on 08.01.2024 rejected the claim of the petitioner. The petitioner filed an application seeking amendment of the writ petition. Both the respondents i.e. State as well as private respondent have pleaded no objection in view of the fact that the amendment is necessitated owing to subsequent events.
In view of above, application seeking amendment of the writ petition is allowed.
Registry is directed to number the amended petition.
Main case
1. By way of amended writ petition, the petitioner has incorporated challenge to the order dated 29.12.2023 placed on record as Annexure P-11. Petitioner was tried in FIR No.16 dated 01.02.2006 registered for offences punishable under Sections 302/34/120-B IPC at Police Station City Sri Muktsar Sahib. He was convicted having been found guilty for offence punishable under Section 302 IPC and was sentenced to undergo life imprisonment by
The court mandated fair application of premature release policies for convicts, emphasizing that arbitrary denials infringe upon fundamental rights and must be reasoned.
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 court clarified that state policies for premature release must be applied equitably, implicating constitutional guarantees against arbitrary treatment.
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 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 policy in effect at the time of conviction must be the primary consideration for determining premature release, unless a more liberal policy is subsequently adopted.
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....
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