Kanwaljit Singh Ahluwalia, J. - (1.) PRESENT criminal writ petition has been filed under Articles 226 /227 of the Constitution of India read with Section 482 Cr. P.C. praying that action of the respondents in limiting the remissions only to the period of sentence undergone and not awarding the remissions upon the period undergone by the petitioner as an under -trial, be set aside as the same is contrary to the judgment rendered by a Coordinate Bench of this Court in 'Joginder Singh v. State of Haryana etc' Criminal Writ Petition No. 1491 of 2010, decided on 4th January, 2011 (Annexure P -1). During the course of arguments, it has been prayed that the judgment rendered in Joginder Singh's case (supra) is binding upon the State authorities, and thus, they should count and award remissions on the period already undergone by the petitioner as an under -trial also. According to the counsel, the State authorities have wrongly interpreted para No. 645 of the Punjab Jail Manual, which states that the total remission shall not exceed one -fourth part of sentence.
(2.) BEFORE the arguments raised and the ratio of law laid down in Joginder Singh's case (supra) are considered, it will be necessary to give brief facts of the case. Dharam Pal alias Swami Kalyani -petitioner was named as an accused in a case FIR No. 65 dated 29.03.2003 registered at Police Station Mahesh Nagar, Ambala under Sections 376 and 506 IPC. The Court of Additional Sessions Judge, Ambala held the petitioner guilty of offences punishable under Sections 376 and 506 IPC and sentenced him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 2,000/ - under Section 376 IPC and further to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 500/ - under Section 506 IPC. Both the sentences were ordered to run concurrently. Aggrieved against the same, the petitioner had filed a Criminal Appeal No. 1153 -SB of 2005, which was dismissed.
(3.) AS per the reply filed by the State, the petitioner has undergone sentence of 5 years 5 months and 19 days as on 17.11.2011. A chart prepared to this effect is reproduced below: - ;