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1988 Supreme(P&H) 499

N.C.JAIN
Gian Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

N.C.Jain, J.

1. This is a petition for pre-mature release of the petitioner who is a life convict. He has undergone 19 years, 8 months and 20 days of sentence as on 8.2.1988. By now he had undergone more than 20 years of imprisonment including remissions.

2. The petitioner was convicted and sentenced in a case of murder under Section 302/148/149, Indian Penal Code on 30.10.1975 by the learned Additional Sessions Judge, Amritsar. Section 433-A Cr.P.C. has been amended on December 18, 1978. His case has to be considered in accordance with the provisions of Section 432 of the Criminal Procedure Code.

3. The pre-mature release of the petitioner has been opposed by the counsel for the State on two grounds. Firstly, it has been averred in detail in paragraph 8 of the reply that the release of the petitioner would cause breach of peace and secondly, the conduct of the petitioner has not remained satisfactory as he has committed four jail offences, the last being on 15.12.1984, as has been mentioned in para 8 of the reply.

4. After hearing the learned counsel for the parties, I am of the view that the petitioner is entitled to be released pre-maturely as both the grounds are untena

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