BILLU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of Criminal Miscellaneous Petition No. 8119-M of 1992 Billu v. State of Haryana and others and Criminal Misc. Petition No. 8120-M of 1992 Desi v. State of Haryana and others.

(2.) BOTH the petitioners were tried for the offence of murder by learned Additional Sessions Judge, Sirsa and were sentenced to imprisonment for life vide judgment, dated 15-1-1993. After their arrest in the case, they were confined continuously behind the bars and had undergone more than 11 years actual sentence and earned remissions exceeding 5 years 6 months years actual sentence and earned remissions They were not found guilty of any jail offence during entire period of their sentence. The case of the petitioners for premature release was recommended by the Superintendent Central Jail, Hissar but the StateGovernment failed to decide the case. The petitioners filed Criminal Miscellaneous Petition in this court and the court directed the State Government to decide their case within three months. This order was passed on 29-9-1991. The case of the petitioners was then considered by the Government and it was ordered that the case will be considered after one year. This state Government was again assailed and it, was quashed. The State Government was directed to reconsider the case for- grant of premature release of the petitioners. In spite of the order, the petitioners were not released and their case was rejected after reconsideration on the ground that they had committed a henious crime and they will be eligible for consideration of their premature release case after undergoing actual sentence for 14 years including undertrial period and after earning remissions atleast, for six years. The petitioners have thus filed the present petition under Section 482 of the Code of Criminal Procedure read with Articles 276/227 of the Constitution of India for directing the respondents to release them forthwith on usual terms and conditions.

(3.) IN the return filed by the respondents, this fact was admitted that the petitioners had undergone more than 10 years actual sentence including under trial period and more than 16 years sentence including remissions but it was maintained State Level Committee after considering all the aspects of the matter recommended that the case of the petitioners may be reconsidered under Para 2(a) of the Government instructions dated 19-11-1991, when they complete 14 years' actual sentence including under trial period and after earning atleast 6 years remissions. The Government accepted the recommendations of the Committee and the case of the petitioners will be considered now on completion of 14 years of actual sentence.