SUCHA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter to be referred as 'Code of Criminal Procedure') to release the Petitioner prematurely after issuing directions to Respondent No. 2 to verify the period undergone by the Petitioner, who is a convict under Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'NDPS Act'), including remissions, granted under paras 633-A, 639, 644 of Punjab Jail Manual and under Article 161 of the Constitution of India and if after subtracting the period of parole, he has undergone the sentence awarded by the Court, he be released temporarily on bail to the satisfaction of the concerned Chief Judicial Magistrate during the pendency of Special Leave Petition against the order of this Court, which is subjudice before Hon'ble Supreme Court with further prayer (sic) issuance of direction to release the Petitioner prematurely, as he has already completed eight years of actual sentence and with remissions more than eleven years of sentence.

(2.) It is case of the Petitioner that he was convicted in FIR No. 156 dated 5.7.1995 under Section 15 of the NDPS Act, at Police Station Sadar, Kaithal, by learned Additional Sessions Judge, Kaithal, vide judgment dated 26.2.2003 and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 1,00,000/-. Petitioner was also convicted in FIR No. 255 dated 10.10.2001, under Section 15 of the NDPS Act, registered at Police Station Banga, by leaned Additional Sessions Judge, Nawanshahr, on 14.3.2008 and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 1,00,000/-. The rigorous imprisonment awarded to the Petitioner in case FIR No. 255 dated 10.10.2001 was to run after the completion of ten years rigorous imprisonment awarded in case FIR No. 156 dated 5.7.1995.

(3.) Petitioner had maintained good conduct in jail while undergoing sentence and hence he had been given remissions as per notification issued by the Government of Haryana from time to time and hence, he has undergone eight years of actual sentence and more than eleven years including remissions.