BAGLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) BAGLA son of Amar Singh has filed this petition under section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India for quashing the impugned order dated March 14, 1995/ April 5, 1995 (Annexure P.3), passed by the respondents rejecting the case of the petitioner for his premature release.

(2.) THE facts necessary for the disposal of this petition are that the petitioner was arrested on April 3, 1983 in F.I.R. No. 195 dated 27.3.1983, registered for the offences under sections 302/34, 307, Indian Penal Code and section 25 of the Arms Act, at Police Station, Ratia. He along with three co-accused including Jagir Singh was tried and convicted for the offence under sections 302/307/323/34, I.P.C. and sentenced to life imprisonment for the offence under sections 302/34, I.P.C. and other imprisonments for the offences under sections 307/34, I.P. C. and 323/34. IPC, which sentences have been made to run concurrently. He has already undergone the sentence detailed as under :-

(3.) THE respondents in their return have not disputed the factual position mentioned in the petition. It has been explained that the state (sic) ought to be considered after completion of 14 years actual sentence including under- trial period after earning at least 6 years remissions under para 2(a) of the Government instructions dated 4.2.1993 and the State Government accepted the said recommendation. It has been admitted that the co-accused/convict Jagir Singh has been released pre-maturely but each case is to be considered on the facts and circumstances of that case. It has been further stated that no legal or constitutional right of the petitioner has been violated and as such the petition is liable to dismissed.