POHLU @POLU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This common order shall dispose of all the above mentioned petitions as the issues for determination are similar in all cases.

(2.) The present petitions are filed under Article 226/227 of the Constitution of India read with Sec. 482 of the Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C') praying for issuance of writ in the nature of mandamus directing the respondents to reconsider and decide the petitioners' case for premature release.

(3.) CRWP -8232- 2022 (Pohlu @Polu Ram): The petitioner was convicted vide judgment dtd. 27/7/2007 in FIR No. 328 dtd. 20/9/1995 registered under Ss. 302, 120-B, 148, 149 of the IPC and Sec. 25 of the Arms Act, 1959 at Police Station City Kaithal and sentenced to undergo life imprisonment under Sec. 302/148 IPC. The petitioner has undergone actual sentence of 12 years, 10 months and 4 days and total sentence (including remission) of 16 years, 8 months and 18 days. The case of the petitioner is covered by Premature Release Policy dtd. 12/4/2002 which requires 14 years of actual imprisonment and 20 years of total imprisonment with remission for a case to be considered for pre-mature release. However, his request was denied by the jail authorities vide impugned order dtd. 14/10/2021 stating that the petitioner is a threat to the public safety and has not completed requisite sentence to be considered for pre-mature release.