PARTAP Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this case the petitioner was arrested on 7th March, 1985 in the case of FIR No. 40, dated 7th March, 1985, Police Station Tosham, under Sections 302/323/148/149/34 IPC. By his order dated 24th September, 1994, the learned Sessions Judge, Bhiwani sentenced him to imprisonment for life under Sections 302/34 IPC and RI for two years under Sections 326/34 IPC and both the sentences were to run concurrently.

(2.) THE present petition has been filed by the petitioner under Articles 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (in short 'the Code') and in this petition it has been stated that the petitioner is entitled to be released prematurely in terms of instructions dated 4th February, 1993 framed by the Government under Article 161 of the Constitution of India as he has already undergone the minimum actual sentence of ten years including the period of parole and has also undergone the total period of fourteen years.

(3.) IN para No. 3 of the written statement it has been stated that actual sentence undergone by the petitioner upto 23rd April, 1995 comes to 10 years 1 month and 12 days but after including the parole period availed by the petitioner (which comes to 7 months 9 days) the actual sentence undergone comes to 9 years 6 months 3 days and since the petitioner has not undergone actual period of ten years after deducting the period of parole he is not entitled to be released.