BADAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was convicted on 30.08.1995. Initially, the petitioner ( a lifer) filed Criminal Misc. No. M-5508- 2008 for a similar relief, which was disposed of by this Court vide order dated 15.9.2008 by noticing an averment by the State counsel that the relevant matter is under consideration of the competent authority and decision is likely to be arrived within one month. Learned counsel for the petitioner conceded disposal of the petition in the light of the State instance.

(2.) IN compliance therewith, the State Level Committee considered the premature release case of the petitioner but declined it by observing that he is not eligible in terms of the Government instructions dated 13.8.2008, as per which a life convict has to undergo 20 years actual and 25 years total sentence in order to eligible for consideration for premature release. It was further noticed that the petitioner in this case has undergone only 17 years 08 months and 14 days and 20 years 01 month and 06 days total sentence.

(3.) IN the face thereof, learned State Counsel states that a review petition against the judgment in Mahender Singh's case (supra) has been filed before the Apex Court. He, however, concedes that the judgment in Mahender Singh's case (supra) has not been stayed by the Apex Court till date.