S.S.GREWAL,J - (1.) IN this petition under Articles 226/227 of the Constitution of India extra-ordinary jurisdiction of this Court is sought to be invoked for grant of premature release to the detenu, under Article 161 of the Constitution.
(2.) IN brief facts relevant for the disposal of this petition are that the detenu after his arrest on 31-8-1979, was convicted by Sessions Judge, Ludhiana under Section 302, Indian Penal Code, and sentenced to undergo imprisonment for life on 23rd February, 1980. According to the detenu, be had already undergone actual sentence of 9 years, 1 month and 1 day, which, include the period of detention before conviction of the extent of 5 months 24 days. It is also alleged that the detenu earned remissions for a period of 6 years, 5 months and 4 days, and, after deduction of period of parole he has already undergone sentence of 14 years, 9 months and 27 days. Since the detenu was convicted after coming into force of Section 433-A of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cede') vide Amendment Act No. 45 of 1978, which, came into force on 18th December, 1978, the detenu is entitled for grant of premature release under Article 161 of the Constitution of India (hereinafter referred to as the Constitution). It was next pleaded that his case for grant of premature release was wrongly rejected by the State Government arbitrarily, in violation of Articles 14, 19 and 21 of the Constitution. The State in its reply admitted that the detenu after his conviction on 23rd February, 1990 under Section 302 Indian Penal Code has under gone actual sentence for 8 years, 8 months and 15 days including under trial period of 5 months, 21 days), upto 17th May, 1988, and that he also earned remission for 6 years, 5 months and 10 days. It was also admitted that the mercy petition filed by the detenu was forwarded to the Inspector General of Prisons, Punjab, and, the District Level authorities. The mercy petition was duly considered by the State Government on 23rd September, 1988 and was rejected. The order in respect thereof (Annexure P7) was duly served upon the detenu by the Superintendent, Central Jail, Ludhiana, on 1st October, 1988.
(3.) COUNSEL for the parties were heard.;