Surat Singh vs State of Punjab

S.S. Rathore, J.

The convictpetitioner had moved Criminal Misc. No. 10081M 1990 for seeking his mature release on the round that his representation/mercy petition for premature release has not been decided by the respondents. While dealing with the said petition, brother S.S. Grewal, J, vide order dated 6.11.1990, directed the respondents to decide the mercy petition of the petitioner for premature release moved by him under Article 161 of the Constitution of India within a period of four months from the date of the order. The mercy petition having not been decided by the respondents, the present petition i.e. Criminal Misc. 3397 of 1991, has been moved under Section 482 Cr.P.C. for grant of bail to the petitioner for the failure of the Government to comply with the aforesaid order of this Court dated 6.11.1990.

The petitioner is not entitled to the concession of bail during pendency of the mercy petition for premature release under Article 161 of the Constitution of India in view of a latest judgment of the apex Court reported as The State of Punjab v. Babu Singh, 1991(3) R.C.R.(Criminal) 564 : JT 1991(2) SC 347.

Of course, the concession of bail is not available to the petitioner in view of the aforesaid judgment of the Supreme Court but it does not absolve the respondents from the statutory obligation to decide the representation/mercy petition moved by the petitioner in terms of the provisions of Article 161 of the Constitution of India as early as possible, preferably within a maximum period of three months as so observed by the apex Court in Sher Singh v. State of Punjab, 1983(1) Recent Criminal Reports 273 (SC) : AIR 1983 SC 465. In this judgment, a period of three months was granted from the date of filing the representation. Keeping in view the facts and circumstances of this case and while giving ample opportunity to the respondents to do justice to the petitioner by way deciding his mercy petition either way, liberally a period of another three months is being given from the date of this order. It is hoped that the respondents would give due care and attention for speedy disposal of the mercy petition. Copy of this order be sent to respondent No. 1.

With these observations, this petition stands disposed of accordingly.