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Chhinda vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 12 January 2007 · Citation: (2007) 4 RCR(Criminal) 105

HON’BLE JUDGES
Surya Kant, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 433A, 482 · Penal Code, 1860 (IPC) — Section 302, 324, 392
CASE NUMBER
Criminal Miscellaneous No. 28262-M of 2006
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Judgment

5 paragraphs · 218 words

Surya Kant, J.—In this petition u/s 482 Cr.P.C., the Petitioner seeks a direction to the Respondents to consider his case for premature release.

2.

The Petitioner was convicted u/s 302/324/392 IPC in a case arising out of FIR No. 139 dated 21.8.1987, registered at Police Station, Sadar Ambala. It appears that he sought his premature release in terms of the Government of Haryana policy dated 12.4.2002. However, the said policy is presently sub-judice before the Hon''ble Supreme Court.

3.

The Respondents have further taken a stand that though the Petitioner has completed more than 15 years actual sentence and, thus, Section 433-A Code of Criminal Procedure stands complied with in his case, he however, has not completed total 20 years of sentence including remissions.

Learned Counsel for the Petitioner, on the other hand, contends that by now the total sentence undergone by the Petitioner, including remissions, is more than 19 years.

4.

If that is so, this petition is disposed of with a direction to the Respondents to initiate the Petitioner''s case for his premature release two months before he completes 20 years sentence, including remissions, and pass appropriate orders so that on completion of 20 years of sentence, the Petitioner is immediately released, unless required to be kept in custody due to some other case. Disposed of.