LADH RAM Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) According to the petitioner, he is about 80 years of age and a patient of Asthama. He has already undergone sentence of 9/10 years. His co-accused stand released about 2 yeas ago. Therefore, the case of the petitioner for pre-mature release be also considered.

(2.) Reply has been filed by Superintendent, Central Jail, Hisar wherein it has been mentioned that the petitioner was convicted and sentenced on 7.11.2001 by learned Additional Sessions Judge, Hisar to undergo imprisonment for life and to pay a fine of Rs.6,000/-. The petitioner has not yet undergone the requisite sentence as per the policy dated 8.8.2000 as he has undergone nine years ten months and four days actual sentence including undertrial period and eleven years five months and twenty eight days total sentence including remissions and excluding parole period as on 16.8.2011. As he has not completed the requisite fourteen years total sentence including remissions and excluding the parole period as per policy dated 8.8.2000, which was in force at the time of his conviction, his case for pre-mature release cannot be considered. It has also been mentioned that the age of the petitioner was mentioned as 67 years on the conviction warrant issued by the trial Court at the time of conviction, i.e. 7.11.2001. As per medical report submitted by the Medical Officer of the jail, the petitioner was diagnosed with Biocular Pseudoaphakia and Optic capture with Dense PCO (R) eye. For the said problem, the petitioner has been sent many times to PGIMS, Rohtak for follow up. The prescribed treatment was given to him at jail hospital, Hisar. It has also been stated that the petitioner is not suffering from any terminal disease. Regarding the averment made by the petitioner that his co-accused have already been released from the jail about two years ago, it has been stated in the reply that Balwant, Pirthi and Shamsher, co-accused of the petitioner, were released pre-maturely after undergoing requisite period, i.e. on completion of ten years actual sentence including undertrial period and fourteen years of total sentence including remissions and excluding parole period.

(3.) In view of the above, no directions can be issued to the respondents to consider the case of the petitioner for pre-mature release at this stage. However, it is directed that as and when the petitioner completes the requisite period, his case for pre-mature release be initiated.