A companynter affidavit affirmed by the Superintendent of District Jail, Bhiwani has been filed.
2 to 5 were also companyvict ed by the District and Sessions Judge, Bhiwani, on 23.3.
Ultimately, warrants for his arrest were issued by the Chief Judicial Magistrate on 24.1.
The appeal was however dismissed by the High Court on 8.12.
Petitioner Nos.
Secondly, all these petitioners did number surrender in the jail for undergoing the unexpired portion of their sentences immediately after their appeals were dismissed by the High Court.
They have number been informed by the respondent No.
1 whose appeal was dismissed on 28.9.
Against this judgment and order of the Sessions Judge he preferred an appeal before the High Court of Punjab and Haryana and he was granted bail on 12.1.1976.
The petitioner Nos.
1978 and they surrendered themselves before the Magistrate on 16.2.
It has been submitted on behalf of the petitioners that they are entitled to have their period of remissions earned by them during the period they were on bail, to be taken into account for companysideration of their pre mature release under para 637 of the Punjab Jail Manual.
The petitioner has stated that during the period he was on bail he earned remission of 19 months and 12 days.
2 to 5 were directed to be released on bail by the High Court of Punjab and Haryana during the pendency of their appeal by order dated 7.4.1976.
The petitioner Nos.
2 to 5 were also given remissions of 19 months and 12 days during the period they remained on bail.
1979 and he was arrested and sent to jail on 29.1.
They surrendered themselves to the Magistrate only on 16.2.
1978 did number surrender either to the jail or to the Magis trate for serving out the remaining part of sentence till he was arrested on 29.1.
3 as per his letter dated 24.4.1985 addressed to the Superintendent, District Jail, Bhiwani, respondent No.
On the other hand, the petitioner No.
1979 in pursuance of the warrant issued by the companyrt.
669 of 1986.
ORIGINAL JURISDICTION Writ Petition Criminal No.
2 to 5 who were released on bail by the High Court during the pendency of their appeal did number surrender in the jail immediately after their appeal was dismissed on 8.12.
It has been stated that though all the petitioners were given remissions of 19 months and 12 days and they were under the impression that the period of remission earned by them would be taken into companysideration under para 637 of Punjab Jail Manual while companyputing their sentence under Para 516 B of the Punjab Jail Manual.
1976 in a case under Section 302 of the Indian Penal Code and they were awarded life imprisonment.
The Judgment of the Court was delivered by C. RAY, J. The petitioners who are life companyvicts in this writ petition have assailed a D.O. Letter No.
1, Jai Prakash was companyvicted by the District and Sessions Judge, Bhiwani, on December 4, 1975 under Section 302 of the Indian Penal Code and he was award ed life imprisonment.
Under Article 32 of the Constitution of India .
K. Jain, R.P. Singh and Rakesh Khanna for the petitioners.
4665/1983 GI G4/R.10 84 dated 24.4.1985 issued by the re spondent No.
Names of six persons were mentioned in the petition who were pre maturely released.
1979 to serve out the remaining part of their sentence.
C. Mahanto, C.V.S. Rao and Mahabir Singh for the Respondents.
1110 The petitioner No.
1979 for serving out their remaining part of sentence.
2, that the companyvicts who were on bail and whose sentences were suspended would be excluded from the remissions purported to be earned by them while they were on bail.
The petitioners are number entitled to the benefit claimed as they had number surrendered in the jail for undergoing the remaining period of the sentence.
The petitioners have submitted that a number of pris oners to whom remissions were given during the period when they were on bail were also released by the State Government after taking into companysideration the remissions granted to them during the period when they were on bail or that their sentence had been suspended.
This appeal, however, was dismissed on 28.9.1978 and he was arrested on 29.1.1979 while he was going to the Court to surrender himself to serve out the remaining part of the sentence as stated by him.
Similarly, the petitioner Nos.
