SUBE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Sube Singh, presently undergoing imprisonment for life in Central Jail, Hissar, has approached this Court under Section 482 Cr.P.C. read with Articles 226/227 of the Constiution of India for directing the respondents, namely, the State of Haryana and the Director General of Prisons, Haryana to consider the case of the petitioner for premature release on medical grounds.

(2.) THE case of the petitioner is as follows :-

(3.) THE Haryana Government has issued instructions dated 4.2.1993 (annexure P-2) for consideration of cases for premature release of life convicts after coming into force of Section 433-A Cr.P.C. In para 2(e) of the aforesaid instructions, it has been provided that where a physical handicap has developed after the sentence, then the case of the convict for premature release will be considered after undergoing six years of sentence provided that the handicap is of such a nature to render him totally incapable of committing any offence and further renders him incapable of looking after himself in the prison. The petitioner is aged about 60 years, very weak and is, therefore, entitled to be released forthwith. The case of the petitioner was recommended by the Jail Superintendent on the basis of annexure P-2, but the respondents have not considered the case of the petitioner. His ailment is increasing day by day. Bhana Ram and Sunder Dass, similarly situated convicts were released on medical grounds. The conduct of the petitioner has been good and satisfactory and he has not committed any jail offence.