KISHAN LAL @ NETA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) KRISHAN Lal son of Vijay Ram has filed the present petition under Section 482 of the Code of Criminal Procedure, read with Articles 226/227 of the Constitution of India, for the issuance of appropriate directions against the respondents, seeking indulgence of this Court on the premises that since he has completed the requisite qualifications for premature release, therefore, the respondents should be directed to release him in view of the policy adopted by respondent Nos. 1 and 2.

(2.) ACCORDING to the petitioner, he was tried by the Additional Sessions Judge, Chandigarh, and was sentenced to undergo life imprisonment on 20th March, 1984. He was taken into custody by the Police on 30th January, 1983. The petitioner further states that upto 20th March, 1998 he was served 13 years 1 month and 10 days of actual sentence and with remissions 14 years 11 months and 20 days. The grouse of the petitioner is that his case for premature release has been declined by the respondent-authorities on the plea that the petitioner has not so far undergone 14 years actual sentence, as required under Section 433-A of the Code of Criminal Procedure, 1973. Moreover, his conduct during his confinement in the various prisons has not bee found satisfactory. Considering the above circumstances, the President of India has rejected the petition dated 19th May, 1997 of the petitioner, praying his premature release.

(3.) ON the contrary the case of the petitioner has been opposed by the respondents by stating that since the petitioner has not undergone actual sentence of 14 years, he is not entitled to be considered for premature release. Moreover, the conduct of the petitioner when he was serving the sentence in different jails was not satisfactory.