LAKHWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) LAKHWINDER Singh has petitioned to this Court under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India for direction to the respondents to the effect that he is entitled to premature release and that he be ordered to be released forthwith as further detention would be violative of Articles 14 and 19 of the Constitution of India. He was convicted under Section 302 of the Indian Penal Code by Sessions Judge, Ambala on 7.9.1988. Not satisfied with the order of the conviction and sentence, he came in appeal to this Court. He was released on bail by this Court vide order dated 4.5.1990. Vide order dated 24.8.1990, his sentence was reduced to R.I. for 10 years and a fine of Rs. 1000/- on finding that he was liable to be convicted under Section 304 (i) of the Penal Code and he was not liable to be convicted under Section 302 of the Indian Penal Code. He has undergone detention for 7 years 1 month inconsequence of conviction. He has remained in detention as an undertrial for 3 years 1 month. During this period he remained on parole for 5 months and enjoyed remissions for 2 years and 7 months. His total detention, thus, comes to 10 years and 2 months period. During this period, he has not committed any jail offence and he has maintained quite an orderly behaviour in jail and that was why he was allowed furlough from time to time and also parole. According to the Supreme Court, time spent on parole is part of imprisonment because it is a licensed release and the prisoner released on parole is not a free agent. He made several representations to the respondents, but to no effect. He passed M.A. during his confinement in jail. He is a sportsman. He never abused the concession of paroles or remissions. He always surrendered in jail after the period of parole furlough was over.

(2.) THIS prayer has been opposed by the respondents urging that no right inhering in the petitioner has been infringed. He is undergoing rigorous imprisonment for a period of 10 years and a fine of Rs. 1000/- under Section 304(i) of the Indian Penal Code. He has not undergone as yet the sentence on the warrant issued by the Court and there is no violation of Articles 14 and 19 of the Constitution of India. As on 5.5.1995, he had undergone 7 years 3 months and 5 days imprisonment in jail inclusive of detention as undertrial minus a period of 8 months and 1 day during month he remained on parole. He has undergone actual sentence of 6 years 7 months and 4 days plus remissions earned by him to the tune of 2 years 1 month and 3 days. Period of detention which he has undergone so far, thus, comes to 8 years, 8 months and 7 days. He was released on parole on different occasions for a total period of 8 months and one day under the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988. Period of release on parole shall not count towards the total period of sentence in view of Section 3(3) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988. Release on parole is licensed release. He has to remain in jail for 10 years. While the convict-prisoner has undergone only 8 years, 8 months and 7 days detention so far inclusive of period of remissions earned by him. He has, thus, to remain in jail for one year 3 moths and 23 days more. As he has maintained orderly behaviour in jail, he earned remissions. Instructions covering pre-mature release of prisoners issued by the State of Haryana are meant only for life convicts. Those are not applicable to the petitioner. Petitioner can claim release only if he spent 10 years in jail inclusive of remissions granted to him during the remaining period of 1 year 3 months and 23 days.

(3.) ON 30.3.1995 i.e. when the petition was instituted, the petitioner was required to remain in jail for 1 year 3 months and 23 days. Now, we are in February 1996. Respondents are, therefore, directed to consider the release of the petitioner forthwith provided he has actually remained in jail for 10 years inclusive of remissions earned by him and detention undergone by him as an under trial and detention undergone by him in the wake of his conviction.