High Court of Punjab and Haryana, Chandigarh
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Maktool Singh & Ors v. State of Punjab & Ors - CRWP-766-2005  RD-P&H 11104 (23 November 2006)
Maktool Singh and others Vs. State of Punjab and others Present:- Mr.V.K.Chaudhri, Advocate for petitioners.
Mr.M.C.Berry, Senior DAG Punjab.
Through this writ petition, directions are sought for grant of benefit of remissions for the convicts under the NDPS Act. Grievance is that the State has viewed that benefits of remission are not available to convicts under the said Act. Whether the persons convicted under NDPS Act would be entitled to grant of benefit of remissions has been gone into in the case of Ekka Ram Versus State of Punjab and others Criminal Writ petition No.839 of 2004,. This Court has found that concession of remissions would be available to the persons who have been convicted under NDPS Act. Against this decision, the State has filed SLP, which is pending.
Counsel for petitioners has drawn my attention to an order passed in Criminal Writ Petition No.806 of 2005 by this Court where such petitions filed have been ordered to be adjourned sine die awaiting decision of Hon'ble Supreme Court in SLP filed in the case of Ekka Ram (supra) with some interim directions for temporary release of the convicts. Copy of the order has been placed before me. State counsel very fairly states that he would not have any objection if the course as adopted in Crl.W.P.No.806 of 2005 is followed in the present case.
The petitioners have statedly undergone period of 7 years 5 months 13 days; 8 years 1 month 26 days and 6 years 9 months and 19 days CRL.W.P. No.766 of 2005 2
as on 21.10.2005 respectively. Keeping in view these facts and the order passed in Criminal Writ Petition No.806 of 2005 as aforementioned, it is directed that petitioners in this writ petition be temporarily released if they fulfill the following terms and conditions:- i) Before releasing the petitioners, the concerned Superintendent of Jail will verify the period undergone by the convicts and the remissions granted under Article 161 of the Constitution of India and that if after subtracting the period on parole, the convict has undergone the sentence awarded by the Court, he shall be released temporarily on bail to the satisfaction of the Chief Judicial Magistrate during the pendency of Special Leave Petition filed by State of Punjab in the case of Ekka Ram (SLP (Crl.) No.2496 of 2006) arising from the final judgment and order dated 14.9.2005 passed in Crl.W.P.No.839 of 2004. The convict concerned will be granted the benefit of remission as per the circulars issued by the Government of Punjab under Article 161, after his conviction.
ii) The petitioners will remain on bail during the pendency of SLP No.2496 of 2006 in Hon'ble Supreme Court. If as per the judgment of the Supreme Court benefit of remissions under Article 161 is not granted, the convict will surrender back in jail for undergoing the unexpired period of sentence.
iii)At the time of release on bail, the petitioners will give an undertaking that they will not leave the country without prior permission of the Court and will keep peace and will CRL.W.P. No.766 of 2005 3
continue informing the Chief Judicial Magistrate concerned their residential address from time to time.
The writ petition stands adjourned sine die.
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