Raj Singh vs State of Haryana

V.K. Jhanji, J.

In this petition, prayer made is for issuance of an appropriate writ, order or direction quashing order dated 22.3.1995 (Annexure P4) whereby the case of the petitioner for premature release has been rejected by the State Level Committee. Petitioner was convicted along with three others in case under Section 302/34/307/324 I.P.C. and 25/54/59 of the Arms Act, P.S. Ratia, vide F.I.R. No. 195 dated 27.3.1983. He was sentenced to undergo imprisonment for life by the Sessions Judge Hissar vide order dated 7.6.1984. As on date the petitioner has undergone actual sentence including remissions of 17 years, 6 months and 8 days. His case for premature release has been rejected solely on the ground that during his confinement he committed four jail offences, the details of which have been given in order dated 22.3.1995 (Annexure P4). In two jail offences, i.e. dated 2.9.1990 and 21.2.1990, he was warned and in third jail offence notice of which has been taken by the State Level Committee, he was ordered to be kept in cell and reduced into ordinary prisoner from Convict Night Watchman. For this offence he was subsequently acquitted by the Court of J.M.I.C., Hissar vide judgment dated 14.5.1993. The fourth offence is dated 30.5.1993 whereby he was found in possession of Rs. 34/, he having sold intoxicant tablets in jail. The said money was forfeited and deposited in the Treasury and he was warned. On the basis of these four jail offences, the State Level Committee opined that it is not in public interest to release the petitioner and accordingly, the Committee recommended to consider the premature case of petitioner after completion of 14 years'' actual sentence including undertrial period after earning of atleast six year''s remissions under para 2(a) of Government instructions dated 4.2.1993. It is not denied that case of his coaccused Jasbir Singh who also inflicted injuries to the deceased and was sentenced to undergo imprisonment for life, was considered by the State Level Committee and he was ordered to be released prematurely. The jail offences which the petitioner is alleged to have committed are not very serious in nature and therefore, a direction is required to be given to the State Level Committee to reconsider the case of the petitioner in the light of order which it had passed in the case of his coaccused, Jasbir Singh. It is ordered accordingly. Let this exercise be done within three months from the date of receipt of order from this Court.