Prem Singh vs The State of Haryana and Ors

Ram Chand Gupta, J.

Crl. M. No. 67698 of 2010

Application is allowed subject to all just exceptions.

Crl.M. No. M-38250 of 2010

The present petition filed u/s 482 Code of Criminal Procedure is for issuance of direction to Respondent No. 3, i.e., Superintendent, District Jail, Bhiwani, to initiate the case of Petitioner for his premature release and further issuance of direction to Respondent Nos. 1 and 2 to consider and decide the case of Petitioner as per premature release policy of Respondent No. 1, dated 12.4.2002, Annexure P1, prevalent at the time of conviction of Petitioner-accused.

Heard.

It has been contended by learned Counsel for the Petitioner-accused that he has already undergone more than 11 years of actual sentence and more than 14 years of total sentence, as per custody certificate, Annexure P2, issued by Respondent No. 3 and hence he has become entitled for consideration for premature release by the competent authority and however, despite request made by the Petitioner, his case is not being initiated by Respondent No. 3 for his premature release.

Hence, in view of these facts and as per request, the present petition is disposed of with direction to the Respondents to consider and decide premature release case of the Petitioner as per ratio of law laid down by Hon''ble Apex Court in State of Haryana and Others Vs. Jagdish and Harpal, , and as per the policy, Rules and Instructions on the point, within two months from the date of receipt of certified copy of this order.