MICKY MIAN @ MONU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The jurisdiction of this Court has been invoked under Article 226/227 of the Constitution of India for setting aside the impugned Order dtd. 4/3/2022 (Annexure P-1) conveyed through letter dtd. 14/3/2022 whereby premature release case of the petitioner has been rejected and for issuance of a Writ in the nature of Mandamus directing the respondents to grant premature release to the petitioner under clause (b) of the Haryana Government Policy dtd. 13/8/2008 (Annexure P-2) as the petitioner was sentenced to undergo life imprisonment and has already undergone sentence of 27 years 0 months 03 days (as on 10/2/2024) as per certificate issued by Superintendent of Prison, Faridabad dtd. 10/2/2024 (Annexure P-3).

(2.) Learned counsel for the petitioner submits that the petitioner was convicted by the learned Additional Sessions Judge, Gurugram, vide judgment dtd. 7/4/2008, in FIR No. 546 dtd. 16/9/1999, registered under Ss. 458, 459, 460, and 34 of the Indian Penal Code at Police Station Sadar, Gurugram.

(3.) It is further submitted that the State of Haryana has issued a policy dtd. 13/8/2008 pertaining to the premature release of life convicts, wherein as per Clause (b) of the said policy, cases of life convicts may be considered for premature release upon completion of 14 years of actual sentence, including the period spent in custody as undertrial, provided the offence does not fall within the category of exceptions outlined in the policy.