Grants Premature Release to Life Convicts – Emphasizes Jail Offense Separation – P&H HC
In a significant legal development, a recent judgment by Honorable Justice Deepak Gupta has underscored the importance of segregating jail offenses from considerations of premature release for life convicts. The judgment, delivered on September 29, 2023, serves as a landmark decision in the realm of criminal law, reaffirming the principle that the commission of jail offenses should not be grounds for withholding a life convict’s right to premature release.
The judgment, while addressing the case of a life convict, examined the legal framework encompassing Sections 426 and 427 of the Code of Criminal Procedure (CrPC) and the Punjab Premature Release of Life Convicts Policy, 2011. Notably, the court clarified that even if a life convict is subsequently convicted for jail offenses, the subsequent sentence should run concurrently with the existing life imprisonment.
Justice Deepak Gupta’s ruling drew upon past legal precedents, including the Supreme Court’s stance on the matter. In the case of State of Andhra Pradesh and another Vs. Vijayanagaram Chinna Reddappa, the court held that a life convict’s jail offenses should not affect their eligibility for premature release, especially when they have already faced legal consequences for those offenses.
The judgment further cited cases such as Subhash Vs. State of Haryana (1994), Brahma Nand Vs. State of Haryana and others (2015), Raj Kumar Vs. State of Punjab (2006), and Kamal Kant Tiwari Vs. State of Punjab and others (2014), which all support the idea that jail offenses committed by life convicts should not hinder their prospects of early release.
Justice Gupta’s ruling concluded that, considering the petitioner had already served more than double the minimum sentence required under the 2011 policy, she should be granted premature release. The judgment directed the authorities to evaluate her case in line with the policy and allowed her interim bail until a final decision is reached.
Crucially, the judgment emphasized that its decision was subject to the outcome of the petitioner’s pending appeal. If the appellate court deems that the petitioner should serve life imprisonment until natural death, she must surrender accordingly.
Date of Decision: 29.09.2023
Ravdeep Kaur vs State of Punjab & Ors.
