JAI GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) JAI Gopal petitioner is undergoing life imprisonment for offence under Section 302, Indian Penal Code on the basis of conviction recorded by Sessions Judge, Rohtak on 16.8.1982. He has filed the present petition for quashing of order, Annexure P/1 and directing the respondent to release him from jail by absolving him from serving any further imprisonment.

(2.) THE petitioner's plea is that at the time of his conviction he was 17 years of age. He was first sent to Borstal Jail and on demand from Central Jail, Ambala, he was sent there. Ultimately he was lodged in District Jail, Rohtak and then transferred to Central Jail, Hissar. The petitioner has since undergone actual sentence of 8 years and 6 months inclusive of 5 months as under trial and has also earned remission of 3 years 7 months and 21 days. He has thus undergone a total sentence of nearly 12 years. Vide instructions issued by the Haryana State on 28.9.88, the case of premature release of a convict who was below 18 years of age at the time of commission of the offence has to be considered after he has undergone 6 years of actual imprisonment provided that the total period of detention including remission is not less than 10 years. He has relied upon the following instructions :-

(3.) IN the return, the fact of petitioner being a juvenile offender was admitted. It was confirmed that he had undergone a total period of 12 years and 4 months inclusive of remission and case of the petitioner was considered but was found to be covered under para 2(d) of the instructions and so his premature release case will be considered on completion of 14 years of actual sentence.