IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M 9068 of 2009 Date of decision: 6.12.2010 Chand Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Nandan Jindal, Advocate for the petitioner Mr.Gazi Mohd. AAG, Punjab *** Ram Chand Gupta, J.(Oral) The present petition has been filed by petitioner Chand Singh under Section 482 Cr.P.C. for issuance of direction to the respondents to consider his premature release case. Reply has already been filed on behalf of respondent-State. I have heard learned counsel for the parties and have gone through the whole record carefully. It has been contended by learned counsel for the petitioner that the petitioner was more than 70 years of age on the date of his conviction in this case. Further contends that he had already undergone more than 5 years of imprisonment as on 18.4.2004 and hence, his case is covered under the Instructions (Annexure R-3) issued by the Punjab Government. Further contends that his case for premature release was not considered by the competent authority on the plea that he has not produced the birth certificate or school certificate to prove his age. Further contends that the petitioner is CRM No.M 9068 of 2009 -2- an illiterate person. Even son of the petitioner is more than 55 years of age as per his date of birth certificate. Further contends that even in the judgment dated 16.12.1999 passed by learned trial Court, age of the petitioner has been mentioned as 70 years. Further contends that no other proof is required for age of the petitioner when even he was 70 years of age as mentioned in the judgment of the trial court. These facts have not been disputed by learned State counsel. Hence, in view of these facts, the present petition is disposed of with a direction to the respondents to consider and decide the premature release case of the petitioner as per Instructions Annexure R-I within one month from the date of receipt of the certified copy of this order. December 6, 2010 (RAM CHAND GUPTA) gsv JUDGE