SURYA KANT,J - (1.) IN this petition under section 482 Cr.P.C., the petitioner seeks a direction to the respondents for his premature release.
(2.) THE petitioner was convicted and sentenced to undergo life imprisonment under section 302 IPC in a case arising out of FIR No. 114 dated 28.10.1993, P.S. City Moga. According to the petitioner, he has undergone actual sentence of 10 years 8 months and 26 days and has earned remissions for a period of 8 years 6 months. The petitioner has also availed parole for a total duration of 1 year 1 month and 14 days. Relying upon the policy for grant of remissions of sentences of life imprisonment issued by the Government of Punjab on 8th July, 1991 (Annexure P1), followed by subsequent policies on the same subject dated 24th January, 1994 and 6th March, 1995, it is contended on behalf of the petitioner that upon completion of 10 years of actual sentence along with 4 years remissions, i.e. total 14 years period, the petitioner is entitled to be released from jail. The jail authorities, however, have not recommended the petitioner's case for premature release on the ground that on receipt of a secret information the petitioner was subjected to search upon which intoxicating capsules and slips of Rs. 1050/- in the name of different persons were recovered from him on 28.12.2002 and, thus, the petitioner was found guilty of committing a jail offence. It is also the case of the respondents that due to the aforesaid offence, the petitioner's 10 days remission was deducted from his earned remissions which was approved by the District and Sessions Judge, Ferozepur. On this premise, it is contended by the respondents that since the petitioner has failed to maintain good conduct in jail and has rather committed a 'jail offence' within a period of 5 years immediate preceding the date his case could be considered for premature release, he is ineligible to take advantage of the government policy dated 8th July, 1991, as provided in Para B(II) thereof.
(3.) IT is not disputed that after the Policy decision dated 8th July, 1991, the State of Punjab has also issued Policy Circulars dated 24th January, 1994 and 6th March, 1995.;