SATBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) WHILE hearing the instant Criminal Writ Petition under Article 226 of the Constitution of India, learned Single Judge recorded discordant note to the earlier judgments passed by this Court on specific issues and referred the matter to the larger Bench by formulating following two questions:

(2.) THE matter arose on a petition for quashing the order dated 16.11.2011 Annexure P/8, passed by respondent No.1 deciding the prayer of petitioner for conditional release on licence under Good Conduct Prisoners' Probational Release Act,1926 ( in short the 'Act of 1926') read with Good Conduct Prisoners' Probational Release Rules, 1927 ( for brevity the 'Rules of 1927') .

(3.) THE petitioner had undergone sentence of 4 years 3 months and 14 days which includes 6 months remissions granted under Section 432 Cr.P.C., out of the awarded sentence of 10 years. Earlier the petitioner filed Criminal Writ Petition No.1104 of 2011 titled Satbir Singh V. State of Haryana before this Court. That petition was allowed partly vide judgment dated 27.7.2011 ( Annexure P/7), the operative part of which reads as under :