Crl. Misc. No.17074-M of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No.17074-M of 2010 (O&M) Date of decision:- 7.1.2011 Jang Bahadur ... Petitioner Versus State of Punjab & Ors. ... Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. G.P.S.Bal, Advocate, for the petitioner. Mr. P.S.Bajwa, DAG, Punjab. Gurdev Singh, J (oral) Heard. The petitioner – Jang Bahadur, who was convicted for the offence under Section 408 IPC and was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of `1000/- and which sentence was reduced to 9 months by this Court vide order dated 1.4.2010, has filed the present petition under Section 482 of the Code of Criminal Procedure for issuance of direction to the respondents not to take him into custody in view of the fact that he was entitled to the remissions of one year by virtue of the Punjab Government order dated 14.8.2002. It has not been disputed by learned State counsel that vide order dated 14.8.2002 passed by the Punjab Government special remission of one year was granted to the prisoners, on the occasion of Independence Day of the year 2002, who were convicted by the criminal courts in the State of Punjab and were confined in jail on 15.8.2002. It has also not been denied Crl. Misc. No.17074-M of 2010 (O&M) -2- that the petitioner is also entitled to the benefit of that special remission as he was confined in the jail on that date. It is in the reply of the respondents that the petitioner was in custody from 17.7.2002 to September 2002. After the benefit of that special remission of one year was granted he is not to undergo any further sentence. Accordingly, the petition is hereby accepted and the respondents are directed not to take the petitioner in custody in respect of the sentence imposed upon him for the offence under Section 408 IPC in respect of FIR No.130 dated 9.11.1995, registered in Police Station Mohali, if the fine has already been deposited by him. January 7, 2011 (Gurdev Singh) tripti Judge