OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973, read with Articles 161 and 227 of the Constitution of India, relates to grant of pre-mature release of the petitioner under, the instructions issued by the State of Haryana in the year, 1988.

(2.) IT is a alleged that, the petitioner is a life convict and has already undergone actual sentence of 9-1/2 years by now and about 15 years imprisonment including remissions. The petitioner's pre-mature release case was not considered upon completion of 14 years including remissions. That according to 1988 instructions he is entitled to get his case for grant of pre-mature release considered by the State Govt. It was further pleaded that the Jail Punishment awarded to the petitioner on 27th of September, 1988 was not to be considered by the State Govt. and his case for premature release was to be decided unmindful of the Jail Punishment. It was also pleaded that the petitioner has maintained good conduct in the jail and that he was not convicted for any heinous offence and is stated to have given bone deep injuries only.

(3.) THE learned counsel for the parties were heard. The main grievance of the petitioner is that his case for grant of pre-mature release had to be considered according to 1988 instructions and that because the decision to grant pre mature release to the petitioner has been deferred subsequently his case would be considered according to the new instructions which came into force on 19th of November, 1991, in the State of Haryana. According to the latest instructions, the actual period of detention is 10 years if his case falls (sic) 2(b) before the case of the detenu is to be considered.