Makhan Singh vs State Of Punjab And Others on 11 November, 2009

Criminal Misc. No. M-31719 of 2009 (O&M)                     -1-

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH
                         ****
                             Criminal Misc. No. M-31719 of 2009 (O&M)
                                      Date of Decision:11.11.2009

Makhan 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.

                         ****
HARBANS LAL, J.

This petition has been moved by Makhan 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.1217-SB of 2000 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.2,000/- or in default of payment of

fine, to further undergo rigorous imprisonment for six months under Section

304 (Part-II) read with Section 34 of IPC by the Court of learned Sessions
Criminal Misc. No. M-31719 of 2009 (O&M) -2-

Judge, Bathinda vide judgment dated 20.11.2000. He was released on bail

during the pendency of appeal. The appeal was disposed of with the

modification in the order of sentence, which was was reduced to two years

but the fine was maintained. On decision of his appeal No.1217-SB of 2006

vide judgment dated 26.5.2009 passed by this Court, he has been 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

delivered 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.

November 11, 2009                                ( HARBANS LAL )
renu                                                  JUDGE