JAGAT RAM Vs. STATE OF PUNJAB AND ORS.
LAWS(P&H)-2011-3-829
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 23,2011

JAGAT RAM Appellant
VERSUS
State of Punjab and Ors. Respondents

JUDGEMENT

Nawab Singh, J. - (1.) JAGAT Ram -Petitioner was convicted by Sessions Judge, Hoshiarpur in case bearing First Information Report No. 93 dated May 17th, 1998, Police Station -City, Hoshiarpur under Sections 302 and 201 read with Section 34 of Indian Penal Code and was sentenced to undergo imprisonment for life vide judgment dated December 22nd, 1999. He is now confined in Central Jail, Ludhiana.
(2.) THE case of the Petitioner for pre -mature release was forwarded to the District Magistrate, Ludhiana on completion of his sentence as per Policy of the State Government dated July 8th, 1991. District Magistrate, Ludhiana recommended his case for premature release but by order dated January 6th, 2011 (Annexure P/1), Principal Secretary, Government of Punjab, Department of Home Affairs and Justice, Chandigarh, rejected the same on two grounds viz. -(i) the Petitioner murdered his wife after pouring kerosene upon her and as such, he committed heinous crime and (ii) he belongs to Uttar Pradesh and District Magistrate, Gonda (UP) did not recommend the case for his premature release. For facilitation, the operative part of the order (Annexure P/1) is reproduced as under: - -it is found that the Distt. Magistrate, Gonda (U.P.) and SSP, Gonda (U.P.) have submitted report and have raised objection for grant of premature release. It has been reported that the families of both the parties are residing in the same village and are neighbourers and there is enmity and tension between both the parties and there is apprehension of untoward incident, in case he is released from jail prematurely. Indeed, the Petitioner has already undergone actual sentence of 12 years 9 months and 13 days, and 20 years 8 months and 15 days including remissions, as on March 15th, 2011, per custody certificate (Annexure R/1).
(3.) BY filing the present petition, the Petitioner has urged that the grounds, on which his case was rejected, are not cogent.;


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