DHARAMA S/O JABBAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition under Section 482 Cr.P.C. has been filed by the petitioner who is a life convict and presently undergoing imprisonment for life in District Jail, Bhiwani.

(2.) PETITIONER was tried for the offence of murder by Addl. Sessions Judge, Narnaul, and he was found guilty of offence under section 302 IPC and thus, ordered to undergo imprisonment for life. According to the petitioner, till date, he has under gone 12 years 11 months' actual sentence and little more than 19 years sentence including remissions. In this petition, petitioner has stated that while undergoing the sentence, he was never found guilty of any jail offence and he has earned remissions because of his continuous good conduct. He has enjoyed parole/furlough on a number of occasions without any sort of complaint of whatsoever nature against his antecedents/conduct. Petitioner applied to the State Government for premature release on the basis of instructions dated 19.11.1991, copy of which has been annexed with the petition as Annexure P-2. As per the said instructions, the convicts who committed heinous crimes, are required to undergo 14 years' actual imprisonment and 20 years' imprisonment including remissions. The convicts, who were found guilty of ordinary offences, are required to undergo 10 years actual sentence and 14 years sentence including remissions. The other conditions for grant of premature release is good conduct of the convicts while undergoing sentence. The Superintendent of the Jail is required to submit premature release case of the life convict, two months before he completes requisite sentence as mentioned in the instructions. Thereafter the case is considered by the State Level Committee and then the recommendations of the State Level Committee are sent to the Chief Minister through Minister for Jails. The cases are ultimately required to be put up before the Governor of the State.

(3.) CONSEQUENTLY , this petition is allowed, and respondents are directed to release the petitioner prematurely on usual terms and conditions. Petition dismissed.