GURNAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition under Articles 226/227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, a prayer has been made to order pre-mature release of the detenu-petitioner Gurnam Singh as he fulfils all the requirements provided under the relevant instructions for the premature release of a convict.

(2.) BRIEFLY stated, the facts as given in the petition are that Gurnam Singh detenu-petitioner are arrested on 21.6.1981 and convicted by the trial Court on 23.4.1982 under Section 302 I.P.C. for life, in addition to some minor punishments under Sections 148/149 I.P.C. By now, he has undergone 13 years 2 months, actual sentence and 6 years as remissions. The total comes to about 19 years 2 months including remissions which means that the petitioner had undergone more than 13 years 2 months actual sentence and more than 19 years 2 months including remissions. During the entire period of sentence, he was never found guilty of any jail offence. He enjoyed parole/furlough on a number of occasions and there was no complaint of whatsoever nature against his antecedent and conduct. The petitioner has three more brothers, who are confined in jail alongwith him. Father of the petitioner is over 75 years of age and his mother is about 70/71 years. State of Haryana issued instructions in the year 1984 for premature release of the detenu wherein it was provided that adults life convicts were required to undergo 8-1/2 years actual sentence and 14 years sentence including remissions. Juvenile life convicts were required to undergo 6 years substantive sentence and 14 years sentence including remissions. The 1984 instructions are annexed as Annexure P-2 with this petition. The petitioner under the instructions dated 27.2.1984, (Annexure P-2) completed 8-1/2 years of actual sentence sometimes in February/March, 1990. He had completed 8-1/2 years actual sentence and 14 years sentence including remissions before coming into effect the new instructions dated 19.11.1991, which are annexed as Annexure P3 with this petition. The State of Haryana rejected premature release case of the petitioner vide its order dated 14.8.1991 and deferred the release of the petitioner till he completed 14 years' actual sentence. Copy of the order dated 14.8.1991 is annexed as Annexure P-4 with this petition.

(3.) REPLY has been filed by the Superintendent, District Jail, Sirsa on his behalf and on behalf of the respondents. It has been admitted in the reply that the petitioner was never found guilty of any jail offence and he enjoyed parole/furlough on a number of occasions and the antecedents/conduct of the petitioner remained satisfactory in jail. It is stated in the reply that the petitioner had committed a heinous, gruesome and brutal murder and his case came under para 2(a) of the latest instructions dated 4.2.1993 annexed as Annexure R-2.