SHISHPAL ALIAS PALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition under Section 482, Cr.P.C. read with Articles 226/227 of the Constitution of India, has been filed for a direction to the respondents to release the petitioner prematurely on the basis of instructions dated 19.11.1991.

(2.) IT has been stated in the petition that the petitioner was tried for the offence of murder by Sessions Judge, Jind and was convicted under Section 302 read with Section 34, Indian Penal Code and sentenced to undergo life imprisonment along with a fine of Rs. 100/- and in default of payment of fine, further R.I. for one month. Criminal Appeal No. 504-DB filed against the aforesaid conviction and sentence, was dismissed by this Court on 12.8.1985. Special leave petition preferred by the petitioner too was dismissed by the Supreme Court. Petitioner then filed Cr. Misc. No. 11459-M of 1993 and on 25.11.1993, this Court directed the respondents to treat the petition as representation and dispose of the same by passing a speaking order. Further, according to the petitioner, his case was required to be considered decided by passing a speaking order within a period of three months, but the same has been rejected by the Authorities on the ground that the petitioner is required to undergo 14 years' actual sentence and 20 years' sentence including remissions as provided under para 2(a) of instructions dated 19.11.1991.

(3.) AFTER bearing learned counsel for the parties, I am of the view that the petition deserves to succeed. The matter regarding premature release of a life convict has been considered by the Government and in supersession of all previous instructions, instructions dated 19.11.1991 are in force. Para 2(a) of the said instructions provides as follows :