VAKIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition has been preferred under Article 226 of the Constitution of India praying for issuance of direction to the respondents to initiate and consider the case for premature release of the petitioner in FIR No.89 dtd. 16/7/1994 under Ss. 302/212/449/120-B/34 of IPC and Sec. 25 of the Arms Act, registered at Police Station Sadar Ambala, whereby the petitioner was convicted and sentenced to undergo life imprisonment vide order dtd. 5/2/1997 passed by the learned CBI Court.

(2.) The Criminal Appeal No.295-DB-1997 filed by the petitioner against the judgment/order of conviction and sentence has been dismissed by this Court vide its judgment dtd. 6/8/2015.

(3.) Learned counsel for the petitioner has stated that the petitioner is entitled to be released prematurely as he has already undergone the required sentence for premature release in view of the policy bearing memo No.36/135/91 IJJ (II) dtd. 12/4/2002 regarding premature release of the life convicts in exercise of the powers conferred under Ss. 432, 433 and 433(A) of Cr.P.C. and Article 161 of the Constitution of India. He also submitted that since the petitioner has already undergone more than the required sentence, his further detention in jail is illegal.