ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 482 of Code of Criminal Procedure for premature release of the petitioner as per the policy dated 04.02.1993 in view of para 2, sub clause (d), wherein it has been mentioned that case of life convicts may be considered for release who suffers from a terminal disease like cancer or AIDS or third stage of TB.

(2.) I have heard learned counsel for the parties and have gone through the whole record. Petitioner-convict has been undergoing sentence of imprisonment for life in FIR No.139 dated 20.07.1995, under Sections 302 IPC, Police Station N.S. Chopta. His appeal against judgment of conviction was dismissed by this Court on 09.01.2008 in Crl. Appeal No. 824-DB of 1997 and he was re-admitted in Jail to undergo remaining part of his sentence. The SLP filed against the said judgment was also dismissed by Honble Supreme Court on 13.08.2008. Petitioner-convict has undergone total sentence including remissions 7 years 9 months and 7 days as on 20.06.2010 hence, he has not completed the sentence as per law. His release is sought on the ground that he is suffering from a disease which is dangerous to life.

(3.) However, learned counsel for the State has stated that benefit of release can be given to those who are suffering with disease like AIDS, Cancer or third stage of T.B. and however, petitioner is not suffering from any of the said diseases.