PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PARKASH petitioner, who was aged 17-1/2 years, at the time of his conviction by the Court of Session, Bhiwani and presently confined to the District Jail, Bhiwani, has moved this criminal miscellaneous under Section 482, Cr.P.C. read with Articles 226/227 of the Constitution of India seeking his pre-mature release.

(2.) THE petitioner has averred that he was convicted alongwith six other persons under sections 148, 302, 323, 324 and 324 read with section 149 of the IPC and sentenced to life imprisonment on two counts and various other terms of imprisonment. He has undergone 7 years, 4 months actual sentence and has earned remissions for 4 years and 10 days. The State Govt. of Haryana has issued instructions on 28.9.88, Annexure P2 and taken a decision to release the convicts fulfilling the conditions, mentioned therein. Paragraph 2 of the instructions provides that the cases of Juvenile life convicts below the age of 18 years at the time of commission of offence and female life convicts may be considered after 6 years of actual sentence including under trial/detention period, provided the total of such period of detention including remission is not less than 10 years. The petitioner, being a juvenile life convict, is entitled to release since he has undergone the requisite period of sentence. The Superintendent, District Jail, Bhiwani, after examining the case of the petitioner, in the light of instructions, Annexure P2, forwarded the same to the concerned authorities. The petitioner had maintained good conduct during his stay in Jail and this fact has been taken into consideration by the Jail Superintendent. There was also no complaint regarding the petitioner's antecedents/conduct during the period he enjoyed parole, totaling 5-1/2 months. The village community has no objection to his release. However, the petitioner has not been released and he has learnt that his case has been deferred for one year.

(3.) UNDER the Instructions, Annexure P2, policy regarding premature release was framed and it was laid down that the cases of juvenile life convicts, below the age of 18 years, at the time of commission of offence a and female life convicts, maybe considered after 6 years of actual sentence, including under trial/detention period, provided the total of such period of detention, including remissions, is not less than 10 years. It is not disputed that the petitioner has undergone the requisite period of imprisonment of 10 years (6 years actual and the remaining as remission). Under the Policy, he has become eligible to be considered for premature release. The order postponing the consideration of his premature release Annexure R 7, so far relevant may be reproduced as under :-