Criminal Misc. No. M-38379 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-38379 of 2010 Date of Decision: 21.03.2011. Karnail Singh ..Petitioner Versus The State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. A.S. Trikha, Advocate, for the petitioner. Mr. Sudhir Nehra, Addl. A.G. Punjab, for the respondents – State. NAWAB SINGH.J (ORAL) Karnail Singh-petitioner is undergoing imprisonment for life in case bearing First Information Report No.7 dated January 20th, 1996 under Sections 302 etc. of Indian Penal Code, Police Station Mallanwala, District Ferozepur. By filing this petition, he seeks premature release on the ground that he has completed the sentence imposed upon him as per Policy dated July 8th, 1991 of Government of Punjab for grant of remissions of sentence. State has filed reply averring that petitioner has undergone actual sentence of 10 years 1 month and 17 days as on March 14th, 2011 but his case for premature release was not considered because he committed Jail offence, that is, he escaped from Open Air Jail, Nabha on the intervening night of March 15th/16th, 2009 and was taken into custody on March 17th, 2009. Mr. Jatinder Pal Singh, Superintendent, Maximum Security Jail, Nabha has stated that on account of Jail offence committed by the petitioner, no punishment was given to him as per Section 46 of the Prisoners Act, 1894. He further stated that for Criminal Misc. No. M-38379 of 2010 2 committing the Jail offence, punishment shall be awarded to him within 7 days and thereafter, punishment shall be got reappraised by Sessions Judge, Patiala and after awarding the punishment, his case for premature release shall be considered. In view of above, this petition is disposed of with a direction to Superintendent, Jail to award punishment to the petitioner and get the same reappraised from the Sessions Judge, Patiala and proceed further in accordance with law. (NAWAB SINGH) JUDGE 21.03.2011 neetu