BIJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) MR . Dhanda has placed on record the original instructions from the Financial Commissioner Secretary to Government Haryana, Jails Department dated 17.7.1997.

(2.) PETITIONER is a juvenile offender. He is convicted for an offence under Section 302 of the Indian Penal Code on 22.4.1989. In this murder case he was arrested on 1.11.1988. Petitioner's contention is that since that date, he is in custody, thereby uptil now he has undergone 12 years 4 months 16 days inclusive of remissions. His conduct in the jail as well as when he was on parole, furlough was good. Petitioner's contention is that as per Instructions (Anexure P -3) his case for pre -mature release is to be considered once he completes actual sentence of 8 years including under - trial period and 10 years inclusive of remission. Petitioner has stated that the petitioner has undergone 9 years 11 months as under - trial and after conviction, he has also earned three years 4 months 5 days remission.

(3.) THE State has raised an objection that as per instructions dated 17.7.1997, petitioner is not entitled to be release pre -maturely as his case falls under para 2(a) of these instructions dated 4.2.1993 which are subsequently amended. Petitioner cannot be released prematurely in view of the amendment made in para 2(a) of the government instructions dated 4.2.1993 (Annexure P -3). The said amended instructions is placed on record.