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Judgment
5 paragraphs · 402 wordsJB. Garg, J.
Ram Jatan petitioner has moved this petition under Section 482 of the Code of Criminal Procedure read with Article 161 of the Constitution of India and has applied for his premature release. He was arrested on 3.6.1981 and was ultimately convicted on 25.9.81 by Sessions Judge, Karnal and sentenced to imprisonment for life for a offence under Section 302 of the Indian Penal Code. It has been alleged that besides undergoing an actual sentence of more than 9 years and 10 months, he has also earned remissions for a period of 5 years, 6 months and 20 days. He has also alleged that his son Satpal is a patient of Cancer and is under treatment in General Hospital, Karnal. A medical certificate of the Principal Medical Officer, General Hospital dated 13.3.91, is Annexure P1, that whenever he has availed of parole or furlough there was no complaint of any kind against his conduct. He has specifically taken up the plea that the period more than the required under Rule 2(c) of the instructions has been spent by him in jail. These details find mention in para No. 3 and 8 of the present petition. He has ultimately prayed for premature release.
In reply to this petition, as regards fact, it is not controverted that the son of the petitioner was suffering from Cancer but by now, he has passed away on 12.6.91. The good conduct of the petitioner and that a petition was also received from the Gram Panchayat for premature release of the petitioner have not been controverted.
The learned counsel for the petitioner has referred to Darshan Singh v. State of Punjab and anr., 1998(1) Recent C.R. 426, where a convict was released who had undergone sentence for a period of 15 years including the remissions earned by him. Besides this, attention has also been invited to Baljinder Singh v. State of Punjab and anr., 1991(1) Recent Criminal Reports 349 : 1991(2) C.C. Cases 98, wherein, the period of imprisonment undergone was 9 years 5 months and 20 days, has been relied upon. In view of the reasons mentioned above and the period actually undergone and also the remissions earned by this convict, the present petition is accepted and it is ordered that he be released on his furnishing surety to the satisfaction of District Magistrate Karnal that he shall maintain peace.
JUDGMENT accordingly.