BALWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India for issuing a direction to the State Government to release the petitioner forthwith as his further detention is illegal and unjustifiable.

(2.) THE admitted facts of the case are that the petitioner was sentenced on March 24, 1982, by the Sessions Judge, Jind, to undergo imprisonment for life under section 302/34 of the Indian Penal Code. Prior to that he was in jail as an under-trial prisoner since August 30, 1981.

(3.) THE respondents have filed reply. Their contention is that the petitioner is undergoing life imprisonment, as he committed a heinous offence, his case falls under clause 2(a) of the aforesaid Instructions. Hence unless he undergoes 14 years actual sentence and 20 years sentence inclusive of remissions, this concession cannot be granted to him.