SUBHASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer in the present petition under Article 226 of the Constitution of India is for quashing of the order dtd. 31/3/2023 (Annexure P-3) passed by respondent No.1 vide which the case of the petitioner for grant of premature release has been deferred by respondent No.1 for 2 years starting from 23/12/2022.

(2.) The brief facts of the case are that the petitioner was undergoing a life sentence in FIR No.434 dtd. 31/3/2003 under Ss. , 460, 411 IPC. Pursuant to his conviction dtd. 12/6/2006 Criminal Appeal No.CRA-D-612-DB-2006 was filed before this Court and the same was dismissed on 9/11/2011.

(3.) In terms of the policy dtd. 12/4/2002, the petitioner had deposited all his documents for considering him for premature release in terms of the said policy. The State Level Committee recommended that the premature release of the petitioner be deferred and re-considered after 20 years of actual sentence and 25 years of total sentence on 12/8/2021. The petitioner thereafter filed a CRWP-9340-2022 against the order of respondent No.1 and this Court vide order dtd. 12/12/2022 (Annexure P-2) gave an opportunity to the petitioner to move a fresh representation within a period of 40 days for consideration before the appropriate authority who would pass a reasoned and speaking order on the same.