PARAMJIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE short question raised in this petition filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity 'the Code') is as to whether a juvenile life convict is entitled to the benefit of pre- mature release as contemplated by clause 2(c) of the instructions dated 12.4.2002 (Annexure R.1) issued by the Jails Department Haryana under Article 161 of the Constitution.

(2.) BRIEF facts of the case are that the convict-petitioner, who is a juvenile has been convicted alongwith another in cases registered vide FIR No. 247 on 25.12.1985 PS Sampla U/s 302 read with Section 34 IPC and FIR No. 249 dated 28.12.1985 P.S. Sampla u/ss 25 and 27 of the Arms Act, 1959 read with Section 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 (for brevity 'the TADA Act'). He was awarded the imprisonment for life under Section 302 IPC and rigorous imprisonment of two years under Sections 25 and 27 of the Arms Act, 1959 read with Section 6 of the TADA Act. The conviction of the petitioner as well as the sentence awarded to him have attained finality upto the Supreme Court. He had already undergone the following sentences till 17.5.2003 :- Years Months Days

(3.) FEELING aggrieved by the order dated 20.11.2002, the petitioner has approached this Court. Notice of the petition was issued and written statement has been filed by the respondents.