IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 10951 of 2010(O&M) Date of Decision: October 1, 2010. Arun Garg ...... PETITIONER(s) Versus State of Punjab ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Deepak Gupta, Amicus Curiae for the petitioner. Mr. K.D.Sachdeva, Addl.A.G., Punjab. ***** RAM CHAND GUPTA, J.(Oral) During inspection of the jail at Jalandhar, the petitioner moved the present application for his release before Inspecting Judge and the same has been ordered to be listed for hearing. Reply has been filed on behalf of respondent-State. I have heard learned counsel for the parties and have gone through the whole record. Petitioner was convicted in case FIR No.139 dated 28.03.1999, under Sections 304-B/498-A/406 IPC, registered at Police Station Civil Line Ludhiana and sentenced to undergo RI for 10 years and to pay fine of Rs.2,000/- and in default of payment of fine to further undergo RI for 2 months. He was released on bail on 10.08.2001. He was again admitted in CRM No.M-10951 of 2010 jail on 04.11.2003 after dismissal of his appeal and fine imposed by learned trial Court was enhanced from `2,000/- to `2,00,000/-. He also preferred appeal before Hon’ble Apex Court, which was partly allowed and while confirming the sentence of imprisonment for 10 years, the sentence of fine of `2,00,000/- was set aside. It has been contended by learned counsel for the petitioner that he has not been granted remissions given by Governor of Punjab under Article 161 of Constitution of India read with Section 432 Cr.P.C. vide different circulars-cum-notifications issued from the year 2001 to 2009. Hence, it is contended that he has already undergone the entire sentence if benefit of those remissions is granted to the petitioner. On the other hand, it has been contended by learned counsel for the State that benefit of all the remissions for which he is entitled under the law has been granted to him and however, even then he has not completed the sentence awarded to him. In the reply filed on behalf of State the details of period of detention of petitioner including admissible government remissions and jail remissions has been given, which read as under:- Year Month Days Custody as under trial: 01-04-99 to 19-07-2K and 28-07-2K to 21-01-01. Custody after conviction: 22-01-01 to 10-08-01, 04-11-03 to 25-06-04, 03-03-07 to 21-11-07 & 03-12-08 to 31-08-10. 03 07 26 Total Period undergone: 05 05 08 (-) less parole/interim bail period 00 04 12 Actual sentence undergone (31-08-10) 05 00 26 Remissions granted under Article 161 of Constitution of India (13-04-01, 15-08-04 and 14-05-10) 02 09 00 Remission granted under Punjab Jail Manual 00 05 08 Total: 08 03 04 2 CRM No.M-10951 of 2010 Hence, he has undergone only 8 years 3 months and 4 days as on 14.05.2010 including remissions hence, he has not completed the sentence as per law. So far as government remissions granted under various circulars during the period petitioner was undergoing the sentence, the circulars have been attached with the reply, which are Annexures R-I to R-VIII. Benefit of circulars R-IV, R-V and R-VI has already been granted to the petitioner by respondent-State. However, so far as circulars R-II, R-III, R-VII and R-VIII are concerned, perusal of same shows that it has been specifically mentioned in the said notifications that these remissions are not applicable to the cases where accused is undergoing sentence under Section 304-B IPC. Hence as petitioner is undergoing sentence under Section 304-B IPC, he is not entitled for the benefit of these circulars. Hence, in view of these facts, there is no merit in the present petition for release of the petitioner as he has not completed the sentence awarded as per law. The same is, hereby, dismissed. ( RAM CHAND GUPTA ) October 1, 2010. JUDGE 'om' 3