J.B.GARG, J. - (1.) BUTA Singh son of Lakha Singh, resident of village Malikpur, District Ludhiana, was convicted under sections 367, 147 and section 325/149 of the Indian Penal Code on 7.1.80 and sentenced to R.I. for a period of four years and fine as well. He was released on bail on 11.1.1980 by this court and his appeal was dismissed 19.8.1982. He moved a special leave petition in the Supreme Court and he was released on bail on 15.2.1983. However, on 9.9.1993 the Supreme Court dismissed his appeal and affirmed the quantum of sentence. He moved a petition under section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India and claimed remissions granted by the Punjab Government under several circulars which were issued from time to time. In the aforesaid petition a question arose "Whether a convict was entitled to remissions if no notice has been issued by the Jail Superintendent requiring the convict to surrender in jail." In Piara v. State of Punjab, 1994(1) Recent C.R. 85, G.S. Chahal, J. held on 6.10.1993 that issuance of a notice to a convict that he should surrender in Jail is an essential requirement whereas the view taken in Crl. Misc. No. 5165-M of 1993 on 7.10.1993 by Harmohinder Kaur Sandhu, J. was different who had observed that it was for the petitioners themselves to surrender in court or before the jail authorities. It was in view of this conflict of opinion that the present reference was made by V.K. Bali, J. and has been made over for decision to this Bench.
(2.) ON behalf of the petitioner Shri Jindal has pointed out that not all convicts are represented by lawyers whether they attempt an appeal in this court or in the apex court. Many convicts belong to far off places and so often they may not come to know of a decision arrived at and pronounced by the appellate court. A Notification dated 11.11.1989 (Annexure P-5) referred to by the learned counsel for the petitioner, which deals with 'special remissions' contains clause (ii) which reads as under :- "The prisoners who have been released on bail shall be allowed the benefit only if they surrender in jail within 15 days of the receipt of notice in this regard from the Superintendent of the jail concerned from where they had been released on bail." Besides this, there is another recent Notification dated 27.1.1994 issued by the Secretary to Government Punjab Department of Jails and Justice and its relevant provisions are reproduced as under :- i. The prisoners who are on parole/furlough shall be allowed the benefit only in case they report back in jail in time. ii. The prisoners who have been released on bail shall be allowed the benefit only if they surrender in jail within 15 days of receipt of notice in this regard from the Chief Judicial Magistrate concerned from where they had been released on bail." A perusal of condition No. (ii) reproduced above shows that the convicts who are on bail are required to surrender in jail within 15 days on receipt of notice in this regard from the Chief Judicial Magistrate concerned. This shows that a 15 days notice is a requirement notwithstanding that a convict reports to the jail if he comes to know specifically about the decision of his appeal earlier. Thus, the conclusion is that the view contained in Piara's case (supra) is in conformity with the requirements and we concur with it. With this finding the reference is returned to the learned single Judge where the main petition is pending.;