Crl. W. P. No. 1921 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. W. P. No. 1921 of 2011 Date of Decision : September 28, 2011 Mithu Ram .... Petitioner Vs. State of Punjab and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Gopal Singh Nahel, Advocate for the petitioner. * * * L. N. MITTAL, J. (Oral) : Notice of motion. At the asking of the Court, Mr. Ranbir Singh Rawat, AAG, Punjab accepts notice on behalf of respondents. During the course of the day, three copies of the paper-book shall be supplied by counsel for the petitioner to the State counsel. Mithu Ram – a convict under Sections 304-B and 498-A of the Indian Penal Code (in short – IPC) has filed the instant criminal writ petition seeking benefit of remissions granted by State of Punjab till before 11.09.2001, while the appellant was on bail during pendency of his appeal Crl. W. P. No. 1921 of 2011 2 against conviction and sentence. I have heard learned counsel for the parties and perused the case file. Hon'ble Supreme Court, in judgment dated 11.09.2001 in Criminal Appeal No.910-919 of 2001 titled Joginder Singh vs. State of Punjab and others has held that convicts are entitled to benefit of remissions granted by State of Punjab while on bail during pendency of appeal and the said benefit is available till before 11.09.2001 only i.e. till before the date of said judgment. However, a convict shall not be entitled to benefit of remission, if the remission order is not applicable to the case of a convict. In view of the aforesaid, the instant writ petition is allowed partly and respondents are directed to grant benefit of remissions granted by the respondents till before 11.09.2001, while the petitioner-convict was on bail during pendency of his appeal, subject to the condition that benefit of any remission order, which specifically excluded its applicability to the category of the petitioner, shall not be available to the petitioner. September 28, 2011 ( L. N. MITTAL ) monika JUDGE