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1996 Supreme(P&H) 134

S.K.KUMARAN
Vinod Kumar – Appellant
Versus
State Of Punjab – Respondent


Judgment

S.K.Kumaran, J.

1. Petitioner Vinod Kumar, son of Mohan Lal, was tried and convicted for an offence under Section 302, read with Section 34, Indian Penal Code. According to him, he was arrested on 24.11.1985 and sentenced to imprisonment for life on 20.8.1987. He claim that he was allowed one parole and two furloughs and had earned a remission of six years. He claims that when he was released on second parole, he had overstayed for two months and, therefore, was sentenced to three months imprisonment for the same. He claims that from 24.11.1985 (the date of his arrest) to 27.2.1995 he had actually undergone 9 years 3 months and 3 days imprisonment and earned six years remission. He contends that his case for premature release was not initiated by the respondents and there is also no communication rejecting his case for premature release. That is why he has come forward with this application for directing the respondents to initiate his case for oremature release. The respondents who entered appearance on 31.5.1995 have not filed any reply till 5.1.1996 in spite of sufficient opportunity given to them. Therefore, arguments were heard. Inasmuch as there is no counter denying

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