- (1.) Through the instant petition, the petitioner is seeking his premature release from the jail in the light of Government Instructions dated 08.07.1991. The petitioner is also questioning the legality of rejection order dated 13.11.2013, Annexure A-2, whereby the relief of premature release has been declined to him.
(2.) The facts, as borne out from the petition are being noticed first. Petitioner Amrit Pal Singh was tried in FIR No. 22 dated 25.02.1997, registered under Sections 302 and 392 IPC read with Section 34 IPC, Police Station Baghapurana, District Faridkot and was sentenced to undergo life imprisonment by learned Sessions Judge, Faridkot on 22.05.2000. His appeal preferred against the said judgment is stated to have been dismissed by this Court. The actual period undergone by him is stated to be about 17 years and 25 years with remissions. The grouse of the petitioner is that despite his undergoing the requisite period, coupled with the facts that his conduct in jail had remained satisfactory throughout and was not involved in any jail offence, the State Government erred in declining the relief to him.
(3.) Upon notice, reply has been filed by the State of Punjab. It has been averred that earlier the case of the petitioner was recommended for premature release under the instructions/ policy dated 08.07.1991, but the same was rejected on 11.11.2010. Again, his case was recommended for premature release on 11.05.2012 as per instructions dated 08.08.2011. This time also, his case has been rejected on 02.12.2013 considering the fact that he has committed a heinous crime. It has further been averred that now as per new policy dated 04.04.2013 the premature release of the petitioner can only be initiated after two years from the date of rejection of the earlier request. I have considered the submissions made by learned counsel for the petitioner as well as of the learned State counsel.;