CHETAN @ CHINTU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is seeking quashing of order dtd. 7/8/2023 (Annexure P-4) passed by respondent No.1 whereby his prayer for grant of premature release has been rejected. The petitioner, convicted under Sec. 302 of the IPC and Sec. 25 of the Arms Act, 1959 and sentenced to life imprisonment vide judgment dtd. 2/9/2003 by learned Sessions Judge, Gurgaon, in case FIR No.123 dtd. 6/7/2000 under Ss. 302/34 of the IPC and Sec. 25 of the Arms Act, 1959, registered at Police Station Pataudi, seeks premature release in terms of the Premature Release Policy (in short, 'Policy') dtd. 12/4/2002 (Annexure P-3) of the Government of Haryana. The petitioner contends that he is entitled to such consideration under clause 2(b) of the Policy. However, the respondents have erroneously deferred his release until he completes 14 years of actual imprisonment and 20 years of total incarceration, which is a self-contradictory stance.

(2.) Learned counsel for the petitioner further argues that the case of the petitioner is squarely covered under clause (b) of the Policy, which provides that adult life convicts, whose offences do not fall under the heinous crime categories mentioned in clauses (aa) and (a), shall be considered for premature release after completing 10 years of actual imprisonment, provided that their total incarceration, including remissions, is not less than 14 years. In support learned counsel has drawn the attention of this Court to clause 2(b) of the Policy (Annexure P-3).

(3.) It has been further submitted that the petitioner has been in continuous incarceration since 6/7/2000 and has served more than 10 years of actual imprisonment with the total period including remissions exceeding 14 years. Moreover, he has been released on parole and furlough on several occasions without any adverse report, signifying good conduct on his part.