SEHAJ RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was sentenced to life imprisonment in a case under Section 202 of the Indian Penal Code by learned Sessions Judge, Rohtak, on June 14, 1980. He had undergone a total of 15 years, 9 months and 16 days including remissions. The actual sentence undergone by him was 9 years and 15 days. His application for pre-mature release having been declined, he filed Criminal Writ Petition No. 2709 of 1989 and vide order dated October 24, 1989, it was ordered by this Court that his petition shall be considered according to law and disposed of by a reasoned order. The petitioner was directed to remain on bail till his petition was considered afresh. In compliance with the order, the State Government considered the case again on March 26, 1990 and again rejected the prayer by Annexure 'R-1' which was communicated to the Superintendent Jail vide Annexure 'R-2'. The petitioner has challenged the aforesaid order of rejection, Annexure 'R-1'.

(2.) THE contention of learned counsel for the petitioner is two fold, (i) that the order is practically reproduction of the previous order rejecting a similar prayer and is, thus, not a speaking order, and (ii) that gravity of the offence could not be taken into consideration.

(3.) I have heard learned counsel for the parties.