SANTOKH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was convicted for an offence under Section 302 of the Indian Penal Code in 1981 and as per the admitted case, has undergone more than 13-1/2 years of actual sentence and more than 20 years of such sentences along with remissions. His case for pre-mature released was rejected vide Annexure R-1 on 30th of Sept. 1991 and, thereafter, vide Annexure R-2 on 25th of May, 1992 on the ground that he had committed a heinous crime as defined under Govt. instructions dated 19th of November, 1991 and as such his case was to be considered for pre-mature released only on the completion of 14 years of actual sentence and 20 years with remissions. This action of the respondents has been impugned in the present proceedings.

(2.) MR . P.C. Chaudhary, Advocate (from the Legal Cell) for the petitioner has urged that a look at the motive for the murder and also the manner in which the crime took place would bring the case of the petitioner under category of para 2(b) of the aforesaid instructions and as the petitioner had admittedly completed the requisite period under that paragraph he was entitled to be released prematurely.

(3.) I have heard the learned counsel for the parties and have gone through the record as also the instructions of the Government dated 19th of November, 1991 and find that this petition deserves to succeed.