thereafter the accused respondent filed a writ petition in the high companyrt of punjab haryana on the ground that the accused having served the sentence for more than 20 years was entitled to be released as a matter of companyrse under the provisions of the punjab jail manual and the rules framed under the prisons act.
on april 18 1911 the state of madhya pradesh rejected the request of the respondent for his release.
the state of madhya pradesh has filed this appeal by speciai leave against the order of the punjab and haryana high companyrt on the ground that in law it was the madhya pradesh government alone which had the power to remit the sentence and release the prisoner at the high companyrt was in error in holding that the punjab government companyld pass the order of release.
in fact the admitted position is that on may 7 1971 the accused had undergone imprisonment for a period of 25 years 18 days and 19 hours taking into account the various remissions granted to him from time to time.
the respondent ratan singh was companyvicted by the sessions judge bhind in the state of madhya pradesh by his order dated october 16 1957 under s. 302 i.p.c.
the high companyrt without issuing numberice to the state of madhya pradesh and after hearing the advocate general accepted the plea taken by the respondent and held that punjab state was the appropriate authority to release the respondent.
appeal by special leave from the judgment and order dated the 13th may 1971 of the punjab and haryana high companyrt in criminal original number 61 m of 1971.
the judgment of the companyrt was delivered by fazal ali j. this appeal by special leave is directed against the judgment of the punjab .
it appears that in pursuance of the order of the high court the respondent was released.
ram panjwani deputy advocate general m.p.
an appeal filed by the respondent against the order of the sessions judge was dismissed by the high companyrt on may 19 1959.
criminal appellate jurisdiction criminal appeal number 246 of 1971.
the appropriate government to order his release was the punjab government and number the government of madhya pradesh and therefore the request made by the punjab government to the madhya pradesh government was number warranted by law.
haryana high companyrt dated may 13 197 1 by which the high companyrt allowed the writ petition filed by the respondent ratan singh a prisoner who was companyfined in central jail amritsar.
the order of transfer was passed on october 15 1959.
2 to 4.
the representation of the accused was accepted and accordingly he was transferred to the punjab jail where he was lodged at central jail amritsar.
the government of punjab forwarded the representation of the respondent to the government or madhya pradesh for passing an order of release.
it was also companytended by the respondent that as he was lodged in a jail under the jurisdiction of the punjab government?
i l. s. parihar and l. n. shroff for the appellants.
thereafter the accused made a prayer to the government for transferring his from gwalior jail to amritsar as the accused respondent belonged to punjab state.
nemo for respondent number 1.
the respondent companytended that as he had companypleted the period of 20 years imprisonment including the remissions granted under the punjab jail manual he was entitled to be released forthwith and he accordingly made an application for his release to the punjab government.
p. sharma m. s. dhillon and s. k. mehta for respondents number.
and sentenced to imprisonment for life.
