KISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHRI Kishan Singh son of Shri Ikatar Singh resident of village and Post Office Talwandi, Police Station Bhadaur District Sangrur has filed the present petition under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India for quashment of the impugned order dated 29.11.1996/20.12.1996 Annexure P-11 and the petitioner has further sought the direction of this Court for the respondents that he be released prematurely.

(2.) THE admitted facts are that the petitioner was convicted and sentenced to undergo life imprisonment vide judgment and order dated 19.2.1977. Earlier the petitioner applied for premature release and he wanted to take the benefit of Instructions dated 21.8.1996 Annexure P-2 pleading that he was an infirm prisoner and was incapacitated and this fact has also been testified by a committee of the three doctors of the district concerned and, therefore, he was entitled to the benefit of premature release. This prayer of the petitioner was contested by the State on the plea that on the relevant date the petitioner was on bail. Vide order dated 18.9.1996 passed in Crl. Misc. No. 21119-M of 1995 the defence of the respondent was rejected and direction was given to the respondents to reconsider the matter of the petitioner regarding premature release ignoring the fact that the petitioner was not in jail at the relevant time. Thereafter the impugned order Annexure P-11 has been passed and the relevant portion of the order is contained in para No. 6 which is re-quoted as follows :-

(3.) THE petition stands disposed of.