Criminal Misc. No. M- 11587 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M- 11587 of 2009 Date of Decision:26.05.2009 Rajinder Singh .....Petitioner Vs. State of Punjab and another .....Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. S.S. Rana, Advocate for the petitioner. Mrs. Manjari Nehru, Deputy Advocate General, Punjab. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Rajinder Singh under Section 482 of the Code of Criminal Procedure for issuing directions to the respondents to release him forthwith on usual terms and conditions as his case has already been considered and recommended by the Government as per Govt. Instructions dated 8.7.1991 and 23.10.2001, but the Hon'ble Governor has rejected the same on the ground that his appeal against conviction is pending in this Court and for issuing further direction that during pendency of the instant case, he should be released on interim bail. The brief facts giving rise to this petition are that the petitioner along with Narminder Kaur was sentenced to undergo imprisonment for life by the Court of learned Sessions Judge, Fatehgarh Sahib on 4.5.2002. He has already undergone more than 10 years of actual sentence and with remissions more than 18 years of total sentence. His case was Criminal Misc. No. M- 11587 of 2009 -2- recommended by the Superintendent Jail, Nabha on 12.7.2007. The same was not considered as per Govt. Instructions. Therefore, he filed Criminal Misc. No. M-7725 of 2008 in this Court for issuance of directions to consider his case in accordance with government policy. Vide order dated 26.3.2008, this Court gave directions to consider his case within a period of one month from the date of receipt of a copy of the order. The respondents did not comply with the order Annexure P.1. Therefore, he filed C.O.C.P. No.1679 of 2008 on 21.10.2008 which was ultimately disposed of on 1.4.2009 with the observations to challenge the impugned order dated 31.3.2009. His pre-mature release case was considered by the Government and recommended for grant of pre-mature release. The Hon'ble Governor, Punjab rejected the recommendations of the Government on the ground that his appeal against conviction is pending in this Court. The Division Bench of this Court has held in re: Sukhwinder Singh and others v. The State of Punjab, 2008(2) Recent Criminal Reports 659 that the Governor has power to grant pardon even during the pendency of appeal. Since the petitioner has undergone the requisite period of sentence under the Government Instructions and fulfils all the conditions for his pre-mature release, therefore, the action in not releasing him pre-maturely is illegal, arbitrary and discriminatory. The respondents did not intend to file written reply. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. In Annexure P.2, order dated 31.3.2009 purportedly issued by Principal Secretary Home, Government of Punjab, it has been mentioned as under:- Criminal Misc. No. M- 11587 of 2009 -3- “Whereas convict Rajinder Singh s/o Labh Singh was convicted by the Ld. Sessions Judge, Fatehgarh Sahib under Sections 302/307/323/325 IPC and sentenced to life imprisonment on 4.5.2002. Whereas Rajinder Singh alongwith his co-accused Narpinder Kaur has filed Criminal Appeal No.12-DB of 2006, which is pending in the Hon'ble Punjab and Haryana High Court. Whereas the case for premature release of the convict Rajinder Singh was moved by the DGP/ Prisons on 7.3.2008. Whereas the premature was recommended to the office of His Excellency the Governor in May 2008. Whereas the office of His Excellency the Governor ordered that the case for premature release be sent after the verdict of the Hon'ble Punjab & Haryana High Court in the appeal filed by the convict, or after seeking the advice of the Advocate General Punjab. Whereas in compliance with the above orders, the case was again sent to the office of His Excellency the Governor with the A.G.'s advice in December 2008. Whereas His Excellency, the Governor has again ordered that cases where an appeal is pending in the High Court should not be sent for remission. Now, therefore, in accordance with the above, the case for premature release of convict Rajinder Singh is rejected.” In re: Sukhwinder Singh and others (supra), the Division Criminal Misc. No. M- 11587 of 2009 -4- Bench of this Court has held that the Governor has constitutional power to grant pardon during pendency of appeal, but same could not be exercised on irrelevant grounds. As follows from the afore-extracted observations from Annexure P.2, the Hon'ble Governor has suggested to the State Government that the cases where an appeal is pending in this Court should not be submitted for remission, though in view of the rule laid down by the Division Bench of this Court in re: Sukhwinder Singh and others (supra), the Hon'ble Governor has constitutional power to grant pardon even during pendency of the appeal which has to be exercised on relevant grounds. Here in this case, there appears to be no irrelevant ground. That being so, the Hon'ble Governor without being uninfluenced by the pendency of the petitioner's criminal appeal in this Court, can consider the petitioner's case for his release. Thus, in the factual scenario, this petition is disposed of with a direction to the respondents to dispose of the pre-mature release case of the petitioner within one month from the date of receipt of the certified copy of this judgment and if it is found that he deserves to be released pre- maturely as per rules, he shall be released forthwith. May 26, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No