SURAJ BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Suraj Bhan has approached this Court under Section 482 Cr.P.C. read with Article 226 of the Constitution of India, for directing the respondents namely (1) State of Haryana (2) Superintendent, District Jail, Bhiwani, to consider the pre-mature release case of the petitioner in accordance with the instructions dated 28.11.1977 and 27.2.1984 (Annexures P-1 and P-2).

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

(3.) THEREFORE , we will have now to find out whether the petitioners case for pre-mature release has to be considered ? As pointed out already, the petitioner was arrested on 16.4.1986, convicted and sentenced to life imprisonment on 12.3.1987. This petition was presented on 27.2.1997, and so, on the date of this petition, the petitioner has undergone 10 years and 10 months and 11 days substantive sentence. He claims to have undergone total sentence of 16 years 10 months including remissions. The allegations to this effect are found in paragraph 5 of the petition, which are not specifically denied in para-5 of the reply, wherein it has been stated that the petitioner is to be considered for pre-mature release in the light of the directions issued in Cr.M. No. 578-M of 1996. That was also a case concerning pre-mature release of a person sentenced to life imprisonment where this Court held that in view of Section 433-A of the Code of Criminal Procedure, the respondent, while considering the case of a person for pre-mature release will have to take into consideration whether he remained in Jail for 14 years including period of parole, but excluding remissions, and that the provisions of Section 433-A Cr.P.C cannot be rendered nugatory by the exercise of power under Section 432 or 433 of the Code of Criminal Procedure.