SURJAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SURJAN Singh, petitioner has invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') read with Articles 226/227 of Constitution of India seeking his premature release after having undergone requisite period of sentence and thereby challenging his further detention in Central Jail, Hisar in violation of the provisions of Articles 14, 19 and 21 of the Constitution.

(2.) A few facts need to be noticed for the adjudication of the present petition. Alongwith his co-accused Karnail Singh and Jarnail Singh, the petitioner was convicted and sentenced under Section 302 read with Section 34 I.P.C. for life imprisonment and sentence of fine of Rs. 500/- each. Separate sentences were also awarded to them under Sections 324, 323/34 and 324/34 I.P.C. by the Additional Sessions Judge, Hisar as per order dated 17.12.1985 in case bearing FIR No. 118 dated 13.11.1984 registered with Police Station, Jakhal. Inder Kaur and Balvinder Kaur, co-accused were acquitted by the trial Court. The conviction of the above named accused was upheld by the High Court. According to the stand of the petitioner, he had undergone the following sentences thereafter :-

(3.) IN pursuance to the notice given to the respondents, written statement has been filed by Jagjit Singh, Superintendent, Central Jail, Hisar on behalf of the respondents. The factual position as per stand of the State Government has been specified in para 2 of the preliminary objections which read as under :-