RAMESH 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 on the plea that he is 70% disable as per certificate, Annexure P1 and hence, entitled for release under para 2(e) of the policy dated 1991 as modified vide Memo No. 36/135/91-1JJ(II) dated 12.04.2002, Annexure P2.

(2.) Admitted facts are that, petitioner has been undergoing sentence of life imprisonment in FIR No. 370 dated 13.08.1996, under Section 302 IPC, Police Station Rai, Sonepat. He was convicted by learned Additional Sessions Judge, Sonepat vide order dated 13.02.1998. He has filed appeal against this judgment, which was dismissed by this Court. He was also released on interim bail. However, he remained absconder and overstayed on interim bail from 21.01.1999 to 03.10.2004. He was arrested and got admitted in District Jail, Sonepat on 04.10.2004. He was admitted to District Jail, Karnal on transfer from District Jail, Sonepat. He has already undergone total sentence of 11 years one month and five days as on 11.10.2010.

(3.) It has been stated by learned counsel for the petitioner that at present he is 100% handicapped and he is entitled to be released under para 2 (e) of the Instructions dated 12.04.2002, Annexure P2.