KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present criminal writ petition is filed by the petitioner who is undergoing sentence of imprisonment for life, seeking direction to the respondents for his premature release from custody as per policy dtd. 12/4/2002 framed by the Haryana Government regulating the premature release of prisoners. The petitioner is convicted under Ss. 376(1)(g) and 302/34 of IPC, and sentenced to imprisonment for life, by the Court of Additional Sessions Judge, Hisar vide Judgment dtd. 2/12/2003 and order of sentence dtd. 6/12/2003 respectively, arising out of FIR No.264 dtd. 24/10/2001 registered at Police Station Sadar, Hansi.

(2.) Perusal of the record of the case shows that the case of the petitioner for premature release was considered by the State Level Committee on 2/2/2022. The State Level Committee held the petitioner not entitled to be extended the benefit of premature release and in agreement with the decision of State Level Committee, the Additional Chief Secretary to Government of Haryana, Jails Department, vide order dtd. 4/3/2022 (Annexure P-4), rejected the case of the petitioner for premature release.

(3.) Challenging the order (Annexure P-4), dtd. 4/3/2022 passed by respondent No.1 the present criminal writ petition is filed seeking quashing of said the order (Annexure P-4) and for premature release of the petitioner. It is argued on behalf of the petitioner that the impugned order dtd. 4/3/2022 was passed without assigning any reason for the rejection of the case of the petitioner for premature release. It is submitted that the policy dtd. 12/4/2002 under which the case of the petitioner has been considered by the respondents, makes out a case for premature release of the petitioner, as it prescribes for grant of premature release once the convict in a heinous offence completes 20 years actual sentence and 25 years total sentence with remissions. While referring to the custody certificate of the petitioner (Annexure P-2) it is submitted that till 15/4/2022, the petitioner had undergone actual custody of more than 20 years and a total sentence including remissions of more than 25 years.