Criminal Misc. No. M-25175 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-25175 of 2009 (O&M) Date of Decision:09.09.2009 Jarnail Singh and another .....Petitioners Vs. State of Punjab and others .....Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Ms. B.P.K. Brar, Advocate for the petitioners. **** HARBANS LAL, J. This petition has been moved by Jarnail Singh as well as Bishan Dass under Section 482 of Cr.P.C for issuing directions to the respondents to allow them usual remissions as have been allowed by the Governor of Punjab under Article 161 of the Constitution of India during the period, they remained on bail during the pendency of Criminal Appeal No.338-SB of 1998 in this Court in accordance with the settled proposition of law laid down in the judgment dated 5.7.2007 delivered in Criminal Writ Petition No.991 of 2006 – Jagdeep Singh v. State of Punjab and others and judgment dated 24.4.2008 rendered in Criminal Writ Petition No.1398 of 2007 – Mohan Singh v. State of Punjab and another. I have heard the learned counsel for the petitioners. The petitioners were convicted and sentenced to undergo rigorous imprisonment for five years under Sections 307/323 of IPC by the Court of learned Additional Sessions Judge, Hoshiarpur vide judgment dated 15.4.1998. They were released on bail on 24.4.1998. On dismissal of their appeal Criminal Misc. No. M-25175 of 2009 (O&M) -2- No.338-SB of 1998 vide judgment dated 15.5.2009 passed by this Court, they have been readmitted to jail under order dated 20.7.2009 passed by the learned Chief Judicial Magistrate, Hoshiarpur. In view of Annexure P.1, the judgment dated 5.7.2007 rendered by this Court in Criminal Writ Petition No.991 of 2006 – Jagdeep Singh v. State of Punjab and others, Annexure P.2, the judgment dated 24.4.2008 rendered by this Court in Criminal Writ Petition No.1398 of 2007 – Mohan Singh v. State of Punjab and another, Annexure P.3, the judgment dated 24.10.2008 passed by this Court in Criminal Misc. No. M-1786 of 2008 – Hardev Singh and others v. State of Punjab and others, this petition is disposed of with a direction to the competent authority to examine the case of the petitioners and provide them the benefit of remissions announced from time to time till before 11.9.2001 and also consider their pre-mature release case. However, it is made clear that the benefit of remissions shall be granted, if the same is made out as per the rules. September 09, 2009 ( HARBANS LAL ) renu JUDGE