P.C. 1973 as interpreted by this Court in Kartar Singhs 1 case , the petitioner appears to have undergone a total imprisonment of 22 years 2 months and 17 days inclusive of remissions as under Yrs.
850 of 1982 Under article 32 of the Constitution of India.
Later, on a mercy petition preferred by him, his death sentence was companymuted by the Governor of Punjab to imprisonment for life, which he has been undergoing in the Central Jail at Bhatinda.
ORIGINAL JURISDICTION Writ Petition Crl.
Excluding the period spent by him as an under trial prisoner in respect whereof numberlife companyvict is entitled to the benefit of a set off under s. 428 Cr.
32 of the Constitution the petitioner Naib Singh is challenging his companytinued detention in jail and is seeking an order in the nature of habeas companypus claiming that he has justly served more than the maximum sentence of imprisonment prescribed under law and should, therefore, be released.
Harbans Singh and D.D. Sharma for the Respondents.
The petitioner was originally sentenced to death on 18.1.1969 by the learned Sessions Judge, Ferozepore, for companymitting an offence of murder under s. 302 Indian Penal Code.
B. Malik and K.B. Rohtagi for the Petitioner.
The Judgment of the Court was delivered by TULZAPURKAR, J. By this writ petition under Art.
