RATTAN Vs. STATE OF HARYANA ETC

JUDGEMENT

(1.) Present writ petition under Article 226/227 of the Constitution of India for seeking direction to the respondents to release the petitioner prematurely as per instructions of Government of Haryana dated 12.04.2002 [Annexure P/1].

(2.) As per the petitioner, he was convicted and sentenced in case bearing FIR No. 185 dated 6.3.1997 under Section 302/34 IPC registered at Police Station Rai, District Sonepat for murder of Samunder Singh and sentenced to undergo Imprisonment for Life vide judgment dated 11.06.1999 passed by learned Sessions Judge, Sonepat.

(3.) Learned counsel for the petitioner while referring to the custody certificate dated 21.5.2014 [Annexure P/3], submitted that the petitioner is entitled to be released prematurely as per Paras 1(b), 4 and 5 of the policy of the State Government dated 12.04.2012 [Annexure P/1] as the petitioner has completed more than 10 years of actual sentence with necessary remissions and his case is covered under Para 1[b] of the policy requiring 10 years plus 4 years = 14 years. Process for pre-mature release of the petitioner was initiated by the State Government, but the same was returned by respondent No. 2 by simply noting that from the judgment Annexure P/2, it is clear that the petitioner had dragged the dead-body of Samunder Singh during night time and as such, it was brutal murder and hence, the case of the petitioner is not covered as per policy Annexure P/1.