RAM AVTAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure read with Article 226 of the Constitution of India for issuance of appropriate order, writ or direction in the nature of habeas corpus holding that petitioners have completed the requisite period of sentence for grant of premature release and they are entitled to be released forthwith on usual terms and conditions as per the policy framed by State Govt. in exercise of power under Article 161 of the Constitution.

(2.) THE petitioners alongwith other co-accused were involved in FIR No. 539 dated 17.11.1986 registered at Police Station Bahadurgarh under Sections 302/307/324/148/149 IPC. At the time of commission of offence, petitioner-Ram Avtar was found to be aged 18 years whereas petitioner-Balwan was aged 21 years. The petitioners were awarded the following sentence :-

(3.) AGGRIEVED by this, the petitioner filed Crl. Misc. No. 30109-M of 2002 in this Court in which violation of instructions especially Clause 2(aa)(iii) was challenged being ultra vires the Constitution. The plea of the petitioner in the said case was that all convicts are required to be treated equally and there can be no discrimination between them. The petition filed by the petitioner was accepted by this Court on July 24, 2003 and operative part of the order passed in the case by this Court is as under :-