BALWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. seeks quashing of the impugned order Annexure P-3 dated 11.1.2001 rejecting the claim of the petitioner for premature release.

(2.) THE petitioner and his brother were convicted under Sections 302/307 read with Section 120-B IPC and 25 Arms Act and sentenced to undergo life imprisonment by the Sessions Judge, Ambala on 4.12.1987. On 18.10.2000, the petitioner has undergone more than 20 years two months and 16 days. The break-up is as follows :- Y M D

(3.) THE State of Haryana has been issuing policy instructions with regard to premature release of life convicts from time to time. Earlier, the case of the petitioner had been considered under policy instructions dated 4.2.1993. These instructions provided that the petitioner could have been released after he had completed 20 years of sentence. These instructions had, however, been superseded by instructions dated 8.8.2000 (Annexure P-2). According to these instructions, the petitioner is to undergo 14 years actual sentence including undertial period provided that the total period of sentence including remission is not less than 20 years. It has also been provided in the instructions that the period during which the convict remained on pareole will not be counted in the total sentence. The petitioner claims to be released on the basis of paragraph 2(a) of the instructions.