CRA No.1068-SB of 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA No.1068-SB of 2003 Date of decision : 29.11.2010 Sapan Murmu ...Appellant Versus State of Punjab …Respondent CORAM : HON’BLE MR. JUSTICE JITENDRA CHAUHAN **** Present : Mr. Vivek Salathia, Advocate, for Mr. L S Goraya, Advocate, for the appellant. Mr. Mehardeep Singh, DAG, Punjab. **** JITENDRA CHAUHAN, J. (ORAL) 1. The instant appeal has been filed by the appellant-Sapan Murmu assailing the judgment and order dated 26.04.2003 (hereinafter referred to as ‘impugned judgment’) passed by the learned Additional Sessions Judge (Ad hoc), Gurdaspur (hereinafter referred to as ‘trial Court’), whereby he has been convicted for commission of offence punishable under Section 376 IPC and awarded sentence to undergo rigorous imprisonment for a period of 10 years along with a fine of CRA No.1068-SB of 2003 -2- Rs.10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of 01 month. 2. On 15.1.2010, when the appeal came up for hearing before the learned Single Judge, a custody certificate of the appellant was placed on record which revealed that the appellant had already been released from jail on 21.6.2006 by giving the benefit of Government Remission and after depositing of fine at the Jail Gate. 3. This Court had directed the State to place on record the remission order of the appellant and also called for the complete file pertaining to the remission of the appellant and the case was adjourned to 27.1.2010. 4. In compliance of the order aforesaid, a copy of the order dated 14.8.2003 regarding grant of remission to the appellant was placed on record by the learned State counsel on 27.1.2010. After perusing the record, the learned Bench directed as under:- “……..In view of this, the learned counsel appearing for the State of Punjab is directed to find out under what circumstances the decision was taken for the remission and who had passed the necessary orders in this regard. He is further directed to produce the entire file of remission pertaining to the present convict and also to file an affidavit of the concerned Officer furnishing the list of all the cases in which remission was granted under Section 376 CRA No.1068-SB of 2003 -3- IPC. In view of the facts and circumstances of this case, the Principal Secretary to Government of Punjab, Department of Home Affairs and Justice is directed to appear in person before this Court on 5.2.2010 along with the relevant record…..” 5. On 5.2.2010, Mr. Talwar, Principal Secretary to Government of Punjab, Department of Home Affairs and Justice, put in appearance and explained the stand of the Government as per the record available with him. The learned Bench was also informed by the learned State counsel that a similar matter (Public Interest Litigation) concerning Remission Policy by the State Government was pending adjudication before the Division Bench of this Court in CWP No.20241 of 2008 and the matter was adjourned to await decision in the writ petition. 6. Thereafter, the matter came up for hearing on different dates and the same was repeatedly adjourned to await the decision in CWP aforesaid. 7. Today, learned counsel for the State has produced an attested copy of the order dated 30.09.2010 passed by the Jails Branch, Department of Home Affairs and Justice, Government of Punjab, concerning the remission policy known as the ‘Punjab Grant of Remission of Punishment Policy, 2010’ (for short as ‘Policy), having come into force with immediate effect, which is taken on record as ‘Mark A’. Item 3 of the said Policy deals with the cases where no CRA No.1068-SB of 2003 -4- remission shall be granted to a person. The relevant extract under Clause (xiii) reads thus:- “3. Notwithstanding anything contained in this policy, no remission shall be granted to a person in the following cases, namely:- xxx xxx xxx xxx xxx (xiii) Where an offence is committed under Section 302 or 304 of the Indian Penal Code, 1860 read with sections 376 to 376-D or 377 of the Indian Penal Code.” xxx xxx xxx xxx xxx” 8. Learned counsel has further informed the Court that the present appellant was released from jail far back on 21.6.2006 after being granted the benefit of remissions. The custody certificate of the appellant is already on record. 9. In view of the fact that the Policy will have no bearing on the cases decided/disposed of prior to its release and the appellant already stands released on 21.06.2006 after remissions, therefore, in this fact situation, no further order with regard to sentence is now required to be passed at this stage. CRA No.1068-SB of 2003 -5- 10. Disposed of, accordingly. 29.11.2010 (JITENDRA CHAUHAN) atulsethi JUDGE