PURAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of Crl. Misc. 25903-M of 1998 and Crl. Misc. 25907-M of 1998. These two petitions have been filed under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India seeking the issuance of an appropriate writ quashing the orders dated 26.8.1998/26.6.1998, Annexure P4, to Crl. Misc. 25903-M of 1998 and order dated 26.8.1998, Annexure P4, and 12.10.1998, Annexure P5, to Crl. Misc. 25907-M of 1998, declining the premature release case of the petitioners. The petitioners father seek a direction to the respondents to consider and decide their cases for premature release as per instructions dated 28.11.1977/27.2.1984, Annexure P2, which were applicable on the date of the conviction of the petitioners.

(2.) THE undisputed facts of the two petitions are that FIR No. 128 dated 14.8.1976 was registered against the petitioners, under Sections 148, 302/149. 307/149, 324/149 and 323/149 of the Indian Penal Code at Police Station Samalkha, District Karnal (now Panipat). The petitioners were arrested on 15.8.1976. They were convicted and sentenced to undergo imprisonment for life. The petitioners were convicted on 6.12.1977 and were sentenced on 9.12.1977.

(3.) A perusal of the instructions reproduced above makes it clear that the premature release case of the petitioners, they being adult male life convicts, was to be considered on their completion of 8-1/2 years of substantive sentence and 14 years sentence including remission. It is not disputed that both the petitioners have completed 8-1/2 years of substantive sentence and 14 years sentence including remission.