BRAHMA NAND Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioner is undergoing life imprisonment in case FIR No. 436 dated 2.7.1995, under Section 302 of the Indian Penal Code, Police Station Sadar Gurgaon, District Gurgaon having been convicted by the Court of learned Additional Sessions Judge, Gurgaon on 20.1.1997. The appeal preferred by the petitioner against the judgment of conviction i.e. Criminal Appeal No. 197-DB of 1997 stands dismissed by this Court vide order dated 3.1.2006. In the instant Criminal Writ Petition filed under Articles 226/227 of the Constitution of India, the petitioner is assailing the order dated 16.6.2014 passed by the Additional Chief Secretary to Government Haryana, Jails Department, Annexure P3, in terms of which his plea for premature release has not been accepted.

(2.) A perusal of the impugned order dated 16.6.2014 at Annexure P3 as also the reply filed on behalf of the State would show that there is no dispute that the Policy of premature release dated 4.2.1993 is applicable to the petitioner. The impugned order itself recites that the case of premature release of the petitioner falls under para 2 (b) of the Policy dated 4.2.1993.

(3.) The pre-mature Policy dated 4.2.1993 stands placed on record and appended as Annexure P2 along with the instant petition. As per para 2(b), the pre-mature release of a life convict is to be considered after completion of ten years of actual sentence including undertrial period provided that the total period of such sentence including remissions is not less than 14 years.