Criminal Misc. No. M-14836 of 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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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.
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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