GHASEETA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed by Ghaseeta Ram son of Ram Dayal (hereinafter described as 'the petitioner') for quashing the order passed by the respondents (Annexure P-4). By virtue of the said order it had been directed that since the petitioner had escaped from jail and keeping in view this conduct in jail, he is to be watched for two years and, thereafter, the case for premature release is to be considered.

(2.) THE relevant facts are that on 10.6.1980 the petitioner was sentenced by the learned Sessions Judge, Gurgaon to undergo imprisonment for life. Prior to that he was an under-trial prisoner from 10.12.1979. While undergoing imprisonment in the district jail, the petitioner alongwith others was tried by the learned Additional Sessions Judge, Bhiwani in F.I.R. No. 214 dated 16.9.1984 for offences punishable under Sections 307, 342 and 322 read with Sections 149 and 224 IPC. He was convicted by the Court of Sessions and preferred an appeal. In appeal he was held guilty for the offences punishable under Sections 323/149, 148, 342/149, 332/149 and 224 IPC. He was sentenced to undergo one year rigorous imprisonment. It was further ordered :-

(3.) NOTICE of the application had been issued to the respondents. In the reply filed it was not disputed that as on 10.7.1995 he had already undergone total sentence of 15 years 6 months and 12 days and has earned remissions of 5 years 6 months and 17 days. However, the defence was that case of the petitioner for pre-mature release had been deferred on the observations of State Level Committee. His conduct remained persistently bad. The order passed by the Financial Commissioner and Secretary to Haryana, Jails Department (Annexure R-1) has also been appended which gives the reasons for deferring the case of the petitioner for two years reads :-