PYARE LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Appellant (original Accused No.1) stands convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to suffer life imprisonment and to other punishments including fine and default sentence under certain other offences. While granting Special Leave to Appeal, this Court by its Order dated 04.07.2017 rejected the prayer for bail. Another application for bail was thereafter preferred and when the application came up for consideration, it was reported that after having completed 8 years of actual sentence and the Appellant being aged above 75 years, in accordance with the existing policy of the State Government, he was prematurely released in 2019. This Court, therefore, called upon the State to file an affidavit indicating whether the policy permitted premature release even before completion of actual sentence of 14 years in connection with an offence punishable under Section 302 IPC.

(2.) The response filed on behalf of the State Government indicates that on the occasion of the Independence Day i.e., 15th August, 2019, in exercise of powers conferred by Article 161 of the Constitution of India, the Governor of Haryana was pleased to grant special remission to certain categories of prisoners. The policy decision dated 02.08.2019 issued in that behalf was as under:-

(3.) The matter was thereafter taken up for hearing. We heard Mr. Shikhil Suri, learned counsel appearing for the Appellant on behalf of the Supreme Court Legal Services Committee and Mr. Amit Kumar, learned Additional Advocate General for the State.