Crl. W. P No.1163 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. W. P No.1163 of 2011 Decided on:- 12.09.2011 Jit Singh @ Jitu ......Petitioner Versus State of Punjab and others .......Respondents CORAM HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Ashwani Verma, Advocate for the petitioner. Mr. G.S.Brar, Asstt.AG, Punjab. **** AUGUSTINE GEORGE MASIH, J(Oral) Prayer in this petition is for grant of remission as per the instructions, during the period 12.10.1999 to 11.7.2003, during which period he was in jail. On 11.7.2003, his sentence was suspended and he after dismissal of his appeal on 8.9.2008, has surrendered now in jail. It is the contention of the counsel for the petitioner that he would be entitled to remission which he was eligible for during the period he was in jail, which has not been granted to the petitioner relying on the policy dated 30.9.2010. This policy is prospective in operation and the petitioner would be entitled for benefit of the instructions granting him the benefit of remission till the date of notification after his surrender or dismissal of the appeal. Reliance has been placed on a division bench judgment of this Court in CWP No.506 of 2007, Bhola Ram v. State of Punjab and others, decided on 17.3.2011 wherein it has been held that the policy dated 30.9.2010 shall be prospective in operation. The stand of the respondent is that the petitioner would not be entitled to the benefit of remission for the period during which the petitioner was not in jail and/or his conviction was suspended. Counsel for the petitioner states that the petitioner is not claiming the benefit of the said period. In view of the above, the present petition is allowed. The petitioner is held entitled to the benefit of remissions, as per the instructions, which was in operation for the period when he was in jail till Crl. W. P No.1163 of 2011 2 the issuance of policy dated 30.9.2010. The benefit be granted to him forthwith. 12.09.2011 (AUGUSTINE GEORGE MASIH) mamta JUDGE