JOGINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed by the life convict undergoing imprisonment for life for the offence under Section 302 of the IPC for premature release.

(2.) THE petitioner contends that he was arrested on 12.11.1995 and that till 12.2.1996, he has undergone 10 years 3 months actual sentence and that he has also earned remissions of 4 years and 6 months. The petitioner remained on parole for 4 months and 6 days and has definitely undergone more than 10 years actual sentence and more than 14 years sentence including remissions (this was the position alleged on 24.2.1996). The petitioner had earlier filed Crl. Misc. petition 20182-M of 1995 (it was decided along with the petition of another petitioner which was Crl. Misc. 9242-M of 1995). The judgment of the same has been produced at Annexure P-3. According to it, the respondents had not forwarded the case of the petitioner for premature release to the competent authority for its decision because according to the respondents, the petitioner had not completed the actual period of sentence awarded to him. It was directed by this Court in the said judgment that respondents would consider the case of the petitioner if otherwise eligible and would forward the same for decision by the competent authority while taking into account the period of parole enjoyed by the petitioner towards the period of actual sentence undergone by him.

(3.) SO far as misbehaving with a Jail Doctor is concerned, the petitioner has produced at Annexure P-5 the proceedings recorded in his history ticket. The proceedings of 25.7.1993 read as below :-