SULTAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) , J. - Sarvshri Sultan Singh, Raghbir Singh and Ram Avtar have filed the present petition under Articles 226 and 227 of the Constitution of India, read with section 482 Cr.P.C. praying that they are entitled to the remissions granted by the Haryana Government during the period they remained on bail, in terms of the various circulars issued by the Government.

(2.) THE petitioners along with their co-accused were tried in a cases registered under sections 302, 326, 324 323 read with section 34 Indian Penal Code, by the Sessions Judge, Narnaul. The trial Court held the petitioners were sentenced to undergo life imprisonment under section 302 read with section 34 Indian Penal Code; imprisonment for one year and fine of Rs. 150/- under section 325/34, IPC; and to undergo imprisonment under for three months and a fine of Rs. 100/- under section 323/34 IPC. All the substantive sentences of imprisonment were ordered to run concurrently.

(3.) THE case of the petitioners is that while they were in jail, they filed an application for the grant of bail. On 21st December, 1989 they were allowed to be released on bail vide order Annexure P-4. They surrendered in jail in pursuance of the decision of the Hon'ble Supreme Court on 25th/26th May, 1996 immediately on receipt of the information. All the petitioners have been continuously in the custody since 11th January, 1987 upto 21st December, 1969, (1989 ?) and from 21st December, 1989 till 24th/25th May, 1996 they were on bail. During this period, the State of Haryana issued various circulars for the grant of remissions to all those convicts who were on bail during this period. But the benefit of remission granted by the Haryana Government in those circulars has not been granted to the petitioners. On 14th August, 1989, the Government of Haryana granted remissions to all those prisoners who happened to be convicted in jail on 15th August, 1989. The convicts who were on parole/furlough from the jail in the State of Haryana on 15th August, 1989, were also given the benefit of the remission subject to the condition that they should surrender before the jail authorities. The case of the petitioners is that they are also entitled to the grant of remissions mentioned in the circular dated 14th August, 1996. Similarly, other circular Annexure P/7, P/8 and P/9 were issued on 15th August, 1991, 26th January, 1992 and 29th April, 1994, respectively. Yet another circular was issued on 14th August, 1995 by the State of Haryana stating that the convicts who have been sentenced and have been undergoing various terms of imprisonment and confined in jail in the State of Haryana on 15th August, 1995 were entitled to the remissions. Copy of the said circular is annexure P/10. In short the case of petitioner is that though they were on bail still they are entitled to the benefit of remissions on account of the circulars which were issued by the State of Haryana from time to time. It may be mentioned at this stage that Sultan Singh, petitioner No. 1, is serving the sentence in District Jail, Bhiwani; Raghbir Singh, petitioner No. 2 is serving the sentence in District Jail, Mohindergarh and Ram Avtar, petitioner No. 3, is serving the sentence in District Jail, Rewari.