Criminal Misc. No.M-1799 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-1799 of 2008 Date of decision : 24.10.2008 Jagjit Singh @ Janta and another .....Petitioners Versus State of Punjab and others ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Ms. B.P.K. Brar, Advocate the petitioner. Mr. D.S.Brar, Deputy Advocate General, Punjab for the respondents. S. D. ANAND, J. The petitioners are under going incarceration following their conviction in case FIR No. 41 dated 31.7.1994 under Sections 120-B, 302/34 IPC. In appeal this Court ordered enhancement of sentence to RI for five years. The pure and simple plea of the petitioners is that they are entitled to remissions which accrued to them even during the period they were on bail. The official respondents averred that certain remissions had been announced by the Governor of Punjab vide instructions dated 15.12.96, 15.9.97, 15.8.98, 14.4.99, 13.4.01, 15.8.02, 15.8.03, 18.4.04, 01.9.04, 15.11.05, 16.6.06 and 13.4.07 but that the Apex court has held in Criminal Appeal Nos. 9/10/919 of 2001 (Joginder Singh Vs. State of Punjab and others) vide order dated 11.9.2001 (Annexure R-1) that the benefit of remissions cannot be given to the prisoners during the period they were on bail. The counter otherwise concedes that “the petitioner was Criminal Misc. No.M-1799 of 2008 -2- **** entitled for these government remissions till 2001”. In the face of that averment in the counter, learned counsel for the petitioners, argues that if the remissions admissible to the petitioners upto the date of the Apex Court judgment i.e. 11.9.2001, are taken into account, the petitioners would become eligible for premature release. Learned State counsel says that in the face of the plea averred in the counter itself, he is not in a position to dispute that the petitioners would be entitled to remissions relate-able to the period they were on bail. However, he does not concede whether the petitioners would be entitled to their premature release or not. The petition shall stand allowed accordingly. The competent authority shall provide benefit of remissions announced from time to time upto 11.9.2001 and consider the premature release case of the petitioners on the basis thereof. The exercise shall be concluded within one month from today. It will be for the State counsel to communicate the order to the competent authority. Copy of the order be given to the learned State counsel under the signatures of the Court Secretary. October 24, 2008 (S.D. ANAND) Pka JUDGE