(1.) ORDER :- Petitioner-accused is seeking premature release.
(2.) Facts of the case are that for an offence of murder, petitioner was arrested on 7-3-1974. He was convicted under Section 302 of the Indian Penal Code by the Sessions Court on 21-1-1975 and was sentenced, to undergo life imprisonment. He preferred an appeal before the High Court which was dismissed on 8-8-1978. During the pendency of the appeal, petitioner was on bail from 4-4-1978 but despite dismissal of his appeal, the petitioner surrendered before the police on 26-4-1979. On 4-9-1981 he was released on parole for four weeks but he surrendered only on 26-3-1989, though he was to surrender on 3-10-1981, Thus, he committed jail offence for which he was adequately punished.
(3.) Petitioner's contention is that till the date of filing of the petition, he has undergone 11 years 4 days actual sentence inclusive of under trial period and has earned remissions of 6 years and 5 months. Thus, he has under gone total sentence of 17 years 5 months, Hence under the instructions issued by the Haryana Government, he is now entitled to be considered for his premature release. Respondents have wrongly declined his prayer.