GOPAL BAHADUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) GOPAL Bahadur petitioner was tried by the learned Additional Sessions Judge, Faridabad under Section 302 of the Indian Penal Code in a State case bearing FIR No. 222 dated 21.6.1989 registered at Police Station City Palwal and vide his judgment of conviction dated 20.11.1990 and the order of sentence date 22.11.1990, respectively, he was convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 250/- or in default to further undergo R.I. for 6 months. The conviction of the petitioner was upheld by the High Court and the SLP filed by him was also dismissed.

(2.) THROUGH this petition, the petitioner seeks indulgence of this court to issue directions to quash the order dated 8.10.1999, copy Annexure P.4, passed by the Financial Commissioner and Secretary to Government, Haryana, Jails Department and to direct the respondents to consider and decide the premature release case of the petitioner under para No. 2(c) of the latest instructions date 4.2.1998/16.3.1999 and to release him prematurely.

(3.) ACCORDING to the petitioner since he was only 17 years old at the time of his conviction and sentence and as such he was much below 16 years on the date of the commission of the offence. Therefore, he was a Juvenile Offender and his case had to be considered as per the instructions issued by the State of Haryana on 16.3.1999, according to which a life convict who was below 18 years of age at the time of the commission of the offence is required to undergo only 8 years of actual sentence and a total of 10 years including remission to qualify for consideration and decision of his case for premature release. Since it was not being done, he has prayed that he be given the benefit of the aforesaid instructions and directions should be issued to the respondents for initiating the case for his premature release.