BHIM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THROUGH this Criminal Writ Petition filed under Article 226 of the Constitution of India, the petitioners have prayed for grant of pre- mature release on usual terms and conditions, in view of the orders Annexures P-2 and P-3 passed by this Court.

(2.) LEARNED counsel appearing for the petitioners has strenuously urged that the case of the petitioners for premature release has to be considered in the light of the decision rendered by this Court in the case of Bhup Singh v. State of Haryana and others, Criminal Writ Petition No. 284 of 2007, decided on 13.7.2007, a copy of which is annexed with the petition as Annexure P-3. Learned counsel has further contended that in view of the judgment dated 24.7.2003 passed by this Court, the petitioners' case has to be considered for release on expiry of 10 years of actual sentence and 14 years of sentence including remissions. Learned counsel has further contended that since the petitioners have completed requisite sentence, their further detention in jail is illegal and that they deserve to be released in view of the judgments passed by this court.

(3.) HAVING heard learned counsel for the parties and going through the record of the case, I am of the considered view that the petition filed by the petitioners has got merit and the same is liable to be accepted for the reasons to be recorded hereinafter.