JUDGEMENT
A.S.BAINS, J. -
(1.) THE petitioner was convicted for the offence under section 302, Indian Penal Code, and was awarded death sentence by
the Sessions Judge, Ferozepur on 18th July, 1974, before the coming into
force of section 433 -A of the Code of Criminal Procedure. His death
sentence was committed to that or imprisonment for life by the President
of India. He has undergone more than 15 years of imprisonment including
remissions. It is settled law that in case of the persons convicted
before the coming into force of section 413 -A of the Criminal Procedure
Code, the old Law with apply and the provisions of section 433 -A shall
have no retrospective effect and that their premature release is to be
considered by the State Government after they have undergone 14 years of
imprisonment, including the remissions. Accordingly it is directed that
the State Government shall consider the case of the petitioner for his
premature release within two months from today. If his case is not
considered within the aforesaid period, then he will be released on bail
by the Chief Judicial Magistrate, Ferozepur.
Order accordingly.;
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