Criminal Writ Petition No.1233 of 2009 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
****
Criminal Writ Petition No.1233 of 2009 (O&M)
Date of Decision:28.10.2009
Balour Singh
.....Petitioner
Vs.
State of Punjab and others
.....Respondents
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:- Mr. S.K. Jain, Advocate for the petitioner.
****
HARBANS LAL, J.
This petition has been moved by Balour Singh under Section
482 of Cr.P.C for issuing directions to the respondents to allow him usual
remissions as have been allowed by the Governor of Punjab under Article
161 of the Constitution of India during the period, he remained on bail
during the pendency of Criminal Appeal No.782-SB of 1996 in this Court in
accordance with the settled proposition of law laid down in the judgment
dated 5.7.2007 delivered in Criminal Writ Petition No.991 of 2006 –
Jagdeep Singh v. State of Punjab and others and judgment dated 24.4.2008
rendered in Criminal Writ Petition No.1398 of 2007 – Mohan Singh v. State
of Punjab and another.
I have heard the learned counsel for the petitioner. The
petitioner was convicted and sentenced to undergo rigorous imprisonment
for seven years and to pay a fine of Rs.10,000/- each and in default of
payment of fine, further rigorous imprisonment for one year under Section
304-B IPC by the Court of learned Sessions Judge, Bathinda vide judgment
Criminal Writ Petition No.1233 of 2009 (O&M) -2-
dated 31.10.1996. He was released on bail during the pendency of the
appeal. His appeal was partly accepted upholding the conviction and order
of substantive sentence awarded to him and the imposition of fine was held
to be illegal and sentence of fine and sentence awarded in default of
payment of fine were set aside. However, it was held by the Hon’ble Court
that the amount of Rs.10,000/- shall be awarded as compensation to be
disbursed to the legal heirs of the deceased. After decision of his appeal
No.782-SB of 1996 vide judgment dated 15.5.2009 passed by this Court, he
has been readmitted to jail. In view of Annexure P.2, the judgment dated
5.7.2007 rendered by this Court in Criminal Writ Petition No.991 of 2006 –
Jagdeep Singh v. State of Punjab and others and Annexure P.4, the
judgment dated 24.4.2008 delivered by this Court in Criminal Writ Petition
No.1398 of 2007 – Mohan Singh v. State of Punjab and another, this
petition is disposed of with a direction to the competent authority to
examine the case of the petitioner and provide him the benefit of remissions
announced from time to time till before 11.9.2001 and also consider his
pre-mature release case.
October 28, 2009 ( HARBANS LAL ) renu JUDGE