Balour Singh v. State of Punjab & Ors.
Case at a glance
Outcome
Disposed of
petition is disposed of with a direction to the competent authority to
Provisions considered
Judgment
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. S.K. Jain, Advocate for the petitioner. **** HARBANS LAL, J. This petition has been moved by Balour Singh under Section 482 of Cr.P.C for issuing directions to the respondents to allow him usual remissions as have been allowed by the Governor of Punjab under Article 161 of the Constitution of India during the period, he remained on bail during the pendency of Criminal Appeal No.782-SB of 1996 in this Court in accordance with the settled proposition of law laid down in the judgment dated 5.7.2007 delivered in Criminal Writ Petition No.991 of 2006 – Jagdeep Singh v. State of Punjab and others and judgment dated 24.4.2008 rendered in Criminal Writ Petition No.1398 of 2007 – Mohan Singh v. State of Punjab and another. I have heard the learned counsel for the petitioner. The petitioner was convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- each and in default of payment of fine, further rigorous imprisonment for one year under Section 304-B IPC by the Court of learned Sessions Judge, Bathinda vide judgment Criminal Writ Petition No.1233 of 2009 (O&M) -2- dated 31.10.1996. He was released on bail during the pendency of the appeal. His appeal was partly accepted upholding the conviction and order of substantive sentence awarded to him and the imposition of fine was held to be illegal and sentence of fine and sentence awarded in default of payment of fine were set aside. However, it was held by the Hon'ble Court that the amount of Rs.10,000/- shall be awarded as compensation to be disbursed to the legal heirs of the deceased. After decision of his appeal No.782-SB of 1996 vide judgment dated 15.5.2009 passed by this Court, he has been readmitted to jail. In view of Annexure P.2, the judgment dated
Operative part
5.7.2007 rendered by this Court in Criminal Writ Petition No.991 of 2006 – Jagdeep Singh v. State of Punjab and others and Annexure P.4, the judgment dated 24.4.2008 delivered by this Court in Criminal Writ Petition No.1398 of 2007 – Mohan Singh v. State of Punjab and another, this petition is disposed of with a direction to the competent authority to examine the case of the petitioner and provide him the benefit of remissions announced from time to time till before 11.9.2001 and also consider his pre-mature release case. October 28, 2009 ( HARBANS LAL ) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition is disposed of with a direction to the competent authority to
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Constitution of India — art. 161; Indian Penal Code, 1860.
Which court decided this case, and when?
Punjab & Haryana High Court, on 28 Oct 2009. The bench was HARBANS LAL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.