KARNAIL SINGH S/O MAJOR SINGH Vs. STATE OF PUNJAB AND OTHERS
LAWS(SC)-1984-10-30
SUPREME COURT OF INDIA
Decided on October 19,1984

Karnail Singh S/O Major Singh Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) We had given enough indulgence to the State Government of Maharashtra to consider the case of the Petitioner and on the last occasion it was pointed out very clearly that the guidelines on which reliance was placed could not prevail over the statutory rules. However the case of the Petitioner has not been considered till today in accordance with Statutory Rules ignoring the guidelines. The Punjab authorities have no objection to release the Petitioner. In all the circumstances of the case we direct that the petitioner be released on bail by the Sessions Judge, Patiala on his personal bond. If as a result the consideration of his case by the Maharashtra Government, Petitioner's application for release under the Statutory Rules is rejected it will be open to the authorities to take him in custody and it will be open to the Petitioner to approach the High Court to challenge that order if he is so advised. The State Government will furnish reasons for rejection of release of the Petitioner.
(2.) The Writ Petition is disposed of accordingly.;


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