Criminal Misc. No. M-29487 of 2009 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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Criminal Misc. No. M-29487 of 2009 (O&M)
Date of Decision:22.10.2009
Karnail Singh and another
.....Petitioners
Vs.
State of Punjab and others
.....Respondents
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:- Ms. B.P.K. Brar, Advocate for the petitioners.
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HARBANS LAL, J.
This petition has been moved by Karnail Singh as well as Surjit
Singh under Section 482 of Cr.P.C for issuing directions to the respondents
to allow them usual remissions as have been allowed by the Governor of
Punjab under Article 161 of the Constitution of India during the period,
they remained on bail during the pendency of Criminal Appeal No.363-SB
of 1992 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 petitioners. The
petitioner No.1 was convicted and sentenced to undergo rigorous
imprisonment for five years and to pay a fine of Rs.5,000/- or in default of
payment of fine, to further undergo rigorous imprisonment for six months
under Section 306 of IPC and petitioner No.2 was convicted and sentenced
Criminal Misc. No. M-29487 of 2009 (O&M) -2-
to undergo rigorous imprisonment for four years and to pay a fine of
Rs.5,000/- or in default of payment of fine, to further undergo rigorous
imprisonment for six months under Section 306 of IPC by the Court of
learned Sessions Judge, Faridkot. They were released on bail during
pendency of their appeal. On dismissal of their appeal No.363-SB of 1992
vide judgment dated 4.10.2008 passed by this Court, they have 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 petitioners and provide them the benefit of
remissions announced from time to time till before 11.9.2001 and also
consider their pre-mature release case.
October 22, 2009 ( HARBANS LAL ) renu JUDGE