WAZIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Convict Wazir Singh has filed this Criminal Writ Petition under Article 226 of the Constitution of India seeking benefit of remissions in sentence, granted by respondent no.1 State of Haryana vide different circulars Annexure P-4/1 to Annexure P-4/10.

(2.) Petitioner along with others was convicted and sentenced by learned Sessions Judge, Bhiwani, vide judgment and order dated 02.06.1980 under Sections 302 and 323 read with Section 34 of the Indian Penal Code (in short IPC). His appeal bearing Criminal Appeal No.419-DB of 1980 was dismissed by a Division Bench of this Court vide judgment and order dated 15.05.1981. Further, Criminal Appeal No.716 of 1981, preferred by petitioner in Hon'ble Supreme Court has been dismissed by Hon'ble Supreme Court vide judgment and order dated 21.04.1992. During pendency of the said appeal, Hon'ble Supreme Court had granted bail to the petitioner and other appellants vide order dated 20.11.1981. Perusal of written statement Annexure P-5, filed in earlier writ petition of the petitioner, reveals that the petitioner was released on bail on 23.11.1981 and thereafter, he is undergoing sentence since 24.03.2006.

(3.) Earlier, petitioner filed Criminal Writ Petition No.03 of 2012 seeking same benefit of remission orders. The said writ petition was disposed of by this Court vide order dated 26.09.2012 (Annexure P-6), thereby directing the respondents to consider the case of remission of petitioner in accordance with the aforesaid circulars issued from time to time. Pursuant thereto, case of the petitioner was considered by respondent no.2 Director General of Prisons (Haryana), but the petitioner has been denied the benefit of aforesaid remissions by respondent no.2 vide order dated 24.12.2012 (Annexure P-10) (wrongly mentioned as Annexure P-9 in the writ petition). Feeling aggrieved, the petitioner has filed the instant Criminal Writ Petition claiming benefit of the aforesaid circulars by quashing order (Annexure P-10).