SATVIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is Cri. Misc. No. 18802-M of 1998 whereby Satbir Singh convict has prayed to this Court through jail for his premature release. It is stated that he is undergoing life imprisonment in District Jail, Rohtak. He has undergone 14 years 7 months sentence. Besides, he was availed remissions to the extent of 53 months. During his stay in jail, he has not committed any jail offence. He has not availed any parole or furlough so far. He has been continuously in jail ever since. In the month of September 1985, he began suffering from asthma and became disabled. He availed remissions on account of asthma. In the year 1995, his backbone became diseased. He suffered back-ache for 24 hours. In September, 1997, he became patient of TB. He is now suffering from asthma, back-ache and TB.

(2.) MS . Kamini Bhanot, Advocate was appointed counsel for him to be paid by the Haryana Legal Aid Cell.

(3.) IT was submitted by the learned Counsel for the petitioner that if the petitioner has served 14 years imprisonment, he cannot be denied release on the ground that he has not earned 6 years remissions when it was not the case of the State that he was intractably a savage delinquent. In support of this submission, she drew my attention to Surinder Kumar alias Chhinda v. State of Haryana, 1997(2) Recent Criminal Reports 413. Petitioner has undergone 16 years 9 days actual sentence including under trial period and 20 years 5 months and 14 days total sentence including under trial period plus remissions minus parole as on 8.10.1998. According to the State, he should earn 6 years remissions before he can claim release. He was convicted and sentenced on account of rape-cum-murder of a minor girl. His case falls within the ambit of para 2(a) (ibid) of Government instructions date 4.2.1993. As per para 2(a) of the said instructions, he has to complete 14 years actual sentence including under trial period and earn at least 6 years remissions before he can claim premature release. In 1992(2) RCR 413 (supra), the petitioner was being deprived of premature release as he had committed a number of jail offences during his confinement in jail and further he had not earned 6 years remissions. Instructions dated 4.2.1993 were not the subject matter of consideration before His Lordship. In this case, we have to give effect to para 2(a) of the instructions dated 4.2.1993. This Cri. Misc. petition fails and is dismissed. Petition dismissed.