Criminal Writ Petition No.1232 of 2009 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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Criminal Writ Petition No.1232 of 2009 (O&M)
Date of Decision:28.10.2009
Sukhdev 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.
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HARBANS LAL, J.
This petition has been moved by Sukhdev 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.659-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 five years and to pay a fine of Rs.50,000/- and in default of payment of
fine, further rigorous imprisonment for one year under Section 304 Part II
IPC and to undergo rigorous imprisonment for a period of six months under
Criminal Writ Petition No.1232 of 2009 (O&M) -2-
Section 323 IPC of IPC by the Court of learned Sessions Judge, Bathinda
vide judgment dated 17.9.1996. He was released on bail during the
pendency of the appeal. After the dismissal of his appeal No.659-SB of
1996 vide judgment dated 05.05.2009 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