MADAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER is claiming two reliefs in Criminal Miscellaneous Petition No. 302-M of 1998. One is that he has not been granted remissions under instructions (Annexures P-5 to P-11) and second is that if those instructions are considered then the petitioner is entitled to get remissions of three years 9 months. He also submits that as per the instructions (Annexure P-2 and P-3), his case falls under para 2(b) of these instructions and he is entitled for pre-mature release after undergoing 14 years actual sentence including remissions but excluding parole. Calculating from that angle if remissions of three years 9 months are allowed to the petitioner by the time he filed the petition he has undergone 17 years 1 months 15 days actual sentence inclusive of remissions minus parole. On that premise, the petitioner is seeking both these reliefs.

(2.) RESPONDENTS have denied the petitioner's claim for premature release vide order (Annexure P-4) wherein it is mentioned that till 10.3.1997 the petitioner has undergone 11 years 9 months 3 days actual sentence inclusive of remissions, minus parole and since as per the instructions, he has not undergone 14 years total sentence including remissions minus parole, his prayer for premature release was declined.

(3.) AFTER hearing the rival contentions, in my considered view, petition deserves to be allowed.