High Court Punjab-Haryana High Court

Nirmal Singh vs State Of Punjab And Others on 24 September, 2009

Punjab-Haryana High Court
Nirmal Singh vs State Of Punjab And Others on 24 September, 2009
Criminal Misc. No. M-14836 of 2009                            -1-



      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH
                         ****
                                 Criminal Misc. No. M-14836 of 2009
                                    Date of Decision:24.09.2009

Nirmal Singh
                                                       .....Petitioner
            Vs.

State of Punjab and others
                                                       .....Respondents


CORAM:- HON'BLE MR. JUSTICE HARBANS LAL

Present:-   Ms. B.P.K. Brar, Advocate for the petitioner.

            Mr. Arshvinder Singh, Deputy Advocate General, Punjab.

                         ****
HARBANS LAL, J.

This petition has been moved by Nirmal 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.516-SB of 1999 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 parties. The petitioner

was convicted and sentenced to undergo rigorous imprisonment for seven

years under Sections 302/325/323/148/149 of IPC by the Court of learned
Criminal Misc. No. M-14836 of 2009 -2-

Additional Sessions Judge, Fatehgarh Sahib vide judgment dated 17.5.1999.

During the pendency of his appeal, he was released on bail. On dismissal

of his appeal with the modification to the extent that the sentence is

reduced from seven years to five years vide judgment dated 25.4.2008

passed by this Court, he was again readmitted to jail. In view of Annexure

P.1, 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,

Annexure P.2, the judgment dated 24.4.2008 rendered by this Court in

Criminal Writ Petition No.1398 of 2007 – Mohan Singh v. State of Punjab

and another, Annexure P.3, the judgment dated 24.10.2008 passed by this

Court in Criminal Misc. No. M-1786 of 2008 – Hardev Singh and others v.

State of Punjab and others, 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.

September 24, 2009                                  ( HARBANS LAL )
renu                                                     JUDGE