SANT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Misc. No. M-4933 of 2009 - Sant Ram and others v. The State of Haryana and another, Criminal Misc. No. M-5321 of 2009 - Surender Singh v. The State of Haryana and another, Criminal Misc. No. M-5338 of 2009 - Rajender Singh v. The State of Haryana and another, Criminal Misc. No. M-5368 of 2009 - Balraj @ Bilia v. The State of Haryana and another, Criminal Misc. No. M-6357 of 2009 - Raibir @ Kala v. The State of Haryana and another, Criminal Misc. No. M-11333 of 2009 - Subhash v. The State of Haryana and others, Criminal Misc. No. M-12399 of 2009 - Rajesh v. State of Haryana and others, Criminal Misc. No. M-14304 of 2009 - Shamsher Singh v. The State of Haryana and another, Criminal Misc. No. M-15178 of 2009 - Anil and others v. The State of Haryana and Criminal Misc. No. M-18878 of 2009, Gurdit Singh and others v. The State of Haryana and others as common question of law and fact is involved in all these cases. Criminal Misc. No. M-4933 of 2009 This petition has been moved by Sant Ram, Balwant, Anchal and Risala @ Arsyal under Section 482 of the Code of Criminal Procedure seeking a direction to the respondents to add the period of their parole towards the actual sentence undergone by them and for their release from jail forthwith.

(2.) THE brief facts are that all the four petitioners are real brothers inter- se. They were convicted and sentenced in case FIR No. 144 dated 20.10.1996 registered under Sections 302/34 IPC at Police Station City Yamuna Nagar to undergo imprisonment for life under Section 302 of IPC vide judgment/order of sentence dated 19.1.1998 delivered by the Court of learned Additional Sessions Judge, Yamuna Nagar. On appeal to this Court by modifying the judgment/order of sentence, they were convicted under Section 304, Part II read with Section 34 of IPC and were sentenced to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 1 lac each and in default of payment of fine, the defaulter was to further undergo rigorous imprisonment for six months vide judgment dated 15-10-2007 (Annexure P1). They maintained good conduct inside the jail and have not committed any jail offence. They have undergone 8 years of sentence including remissions and parole granted by the government from time to time and the denial to their release from the jail is in violation of Article 21 of the Constitution of India. As averred in the reply, the petitioners on 19.3.2009 have not completed their requisite sentence. As and when, they complete the same they would be released. Criminal Misc. No. M-5321 of 2009

(3.) THE brief fact are that the petitioner was convicted and sentenced in case FIR. No. 40 dated 7.2.2000 registered under Sections 392, 394, 397 of IPC 25 and 54 of Arms Act at Police Station Ganaur, Sonepat to undergo imprisonment for a period of seven years and he has undergone actual sentence of five years. The benefit of remissions which the respondent-State has been, granting to the convicts has not been given to him so car. By counting the period of parole towards his actual sentence, he has completed seven years of his sentence and is thus entitled to be released. As averred in the reply, the petitioner is presently on six weeks parole from 4.2.2009 to 19.3.2009 and he has undergone total sentence of 4 years 10 months and 8 days. He has earned 7 months and 10 days remissions during the aforesaid period. He has not done any type of work in the jail being a convict of rigorous imprisonment and thus, he could not earn the maximum remissions during the period of his confinement in the jail. However, he is entitled to only 1/4th of the actual sentence undergone as per para No. 645 of Punjab Jail Manual. He is claiming the benefit of remissions for the period from 26.7.2002 to 15.11.2004 during which he remained on bail. In view of order dated 27.3.2000 passed in Criminal Appeal No. 301 of 2000 (Arising out of S.L.P. (CRL) No. 3697 of 1999 (Annexure R1), the bail period cannot be counted towards sentence. Criminal Misc. M.-5338 of 2009