State Of Gujarat & Anr vs Lal Singh @ Manjit Singh & Ors

3. The first respondent preferred Criminal Appeal No. 219 of 1997 and the said appeal was heard along with the appeals preferred by other convicts. This Court in Lal Singh v. State of Gujarat and another[1] scrutinized the evidence in detail and ultimately dismissed the appeal preferred by the first respondent and confirmed the conviction and the sentence as imposed by the learned Judge, Designated Court.

4. During the pendency of the criminal appeal before this Court, the first respondent sought transfer from the Central Prison, Ahmedabad to the Central Prison, Jalandhar on the ground that his family is based in Punjab; his old parents were suffering from number of ailments; and further the financial condition of the family was precarious. Considering the reasons ascribed in the representation, the State Government vide order dated 11.11.1998 consented to transfer the first respondent from Central Prison, Ahmedabad to the Central Prison, Jalandhar. A condition was stipulated by the State of Gujarat that tight security and proper police escort arrangement was to be ensured.

5. The first respondent on 19.01.2004 sought premature release under Section 432 of the Code of Criminal Procedure, 1973 (CrPC) on the ground that he would complete 14 years of actual sentence in jail. His prayer for premature release was considered by the competent authority of the State of Gujarat which vide order dated 26.10.2006 considering the over all aspects of the matter rejected the said application. The said order was assailed in Criminal Writ Petition No. 505 of 2007 before the High Court of Punjab and Haryana which vide order dated 25.08.2008 disposed of the Writ Petition with the direction to the State of Gujarat to reconsider the case of the first respondent for premature release considering the applicability of Section 433 CrPC, Section 3 of the Transfer of Prisoner Act and the decision in State of Haryana v. Mahender Singh[2].

7. Remaining indefatigable the first respondent preferred Writ Petition No. 677 of 2010 praying for a writ of habeas corpus on the ground that he had already suffered requisite period of sentence and hence, he was entitled to be released as per Sections 432, 433 and 433-A CrPC and para 431 of the New Punjab Jail Manual. A grievance was put forth that his representation had not been considered by the State Government. On 20.04.2010, the High Court disposed of the matter directing the State Government to pass a speaking order within a period of two months. Be it stated, when the High Court passed the said order, it had not issued notice to the State of Gujarat. However, regard being had to the direction issued by the High Court, the competent authority took up the matter for reconsideration and after obtaining the opinion from the appropriate quarters as required under the manual, the State Government declined to grant premature release to the first respondent vide order dated 30.12.2010. The said order was assailed before the High Court in Writ Petition No. 158 of 2011 and the High Court vide judgment and order dated 25.05.2011 directed the State to reconsider the premature release taking note of the actual sentence of 14 years and three months and more than 21 years including remission. The High Court had directed the first respondent to be released on parole subject to certain conditions. Pursuant to the order passed by the High Court, the State Government took up the case for reconsideration and keeping in view the statutory provisions of CrPC, Rule No. 1448 of the Bombay Jail Manual which governs the State of Gujarat, the opinion of the advisory board and keeping in view the number of cases the first respondent was really involved, the gravity and nature of the crime and its impact on the society, it rejected the proposal for release vide order dated 26.07.2011.

17. In Naib Singh s/o Makhan Singh v. State of Punjab and others[13] the Court was dealing with a writ petition preferred under Article 32 of the Constitution challenging the continued detention of the convict petitioner in jail and seeking an order in the nature of habeas corpus claiming that he had served more than the maximum sentence of imprisonment prescribed under law and therefore he should be released. The petitioner therein was convicted under Section 302 IPC and sentenced to death but on a mercy petition preferred by him, his death sentence was commuted by the Governor of Punjab to imprisonment for life. After serving rigorous imprisonment of more than 22 years, a petition was filed seeking the release. The Court referred to Sections 53 and 55 IPC and Section 433 CrPC., various decisions of the High Court and then concept of transportation for life and eventually held that it is well settled position in law that the sentence of imprisonment for life has to be equated to rigorous imprisonment for life and ultimately the claim of the petitioner to immediate release was declined in the absence of any order of commutation being passed either under Section 55 IPC or Section 433(b) CrPC.

35. Consequently, the appeal is allowed and the impugned judgment and order of the High Court is set aside and liberty is granted to the first respondent to submit a representation/application before the competent authority of the Union of India within a period of eight weeks and the authority shall consider the same as expeditiously as possible in accordance with law and the guidelines framed for premature release.