SUKHBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a Criminal Miscellaneous Application filed under Section 482 Cr.P.C. by the petitioner (Sukhbir Singh) whereby he has prayed for his pre-mature release in terms of the policy framed by the Haryana Government under Article 161 of the Constitution of India in 1993.

(2.) IT has been alleged that he was convicted and sentenced to undergo imprisonment for life by Sessions Judge, Karnal on 17.9.1986 with regard to an occurrence of 3.8.1985 on the charge that the assailants had killed a passenger in the bus and thereafter they had escaped from custody. Petitioner was arrested on 3.8.1985 in case F.I.R. No. 235. He has undergone actual sentence to the tune of 11 years and some months. He remained in jail as under trial from 3.8.1985 to 16.2.1986 i.e. for six months and 13 days. He has earned remissions to the tune of 6 years, 2 months and 1 day. He has remained in jail as convict from 17.2.1986 to 12.(sic).1996. In this manner, he has undergone 17 years, 5 months and 10 days detention. His conduct in jail has been orderly and free from the commission of jail offence.

(3.) PETITIONER , Sukhbir Singh, thus claims release under the policy instructions issued in 1993 by the Haryana Government under Article 161 of the Constitution of India. Respondents have contested this petition in view of the provisions of Section 433-A Cr.P.C. Section 433-A was introduced in the Criminal Procedure Code with effect from 18.12.1978. In view of the provisions of this section, person convicted of offence under Section 302 of Indian Penal Code has essentially to undergo 14 years of actual imprisonment before he can claim release from jail. The petitioner must complete a minimum imprisonment of 14 years without remissions before the accrual of any right for the consideration of his case for pre-mature release. That is the intendment of Section 433-A Cr.P.C. Petitioner has undergone 11 years, 7 months and 14 days detention in jail. Out of this period, he has remained on parole for 8 months and 12 days. In this way, he has undergone actual sentence for 10 years, 11 months and 2 days. He has earned remissions to the tune of 6 years, 5 months and 3 days. Petitioner's case for pre-mature release is not commensurate with the case of co-accused Rakesh Kumar for pre- mature release. The case of the petitioner for pre-mature release was sent to the Director General of Prisons Haryana as per the policy of the Haryana Government dated 4.2.1993 but the same was returned with the direction to re- submit this case when due in the light of the verdict of this Court passed in Crl. Misc. No. 578-M of 1996 Jai Singh v. State.