RAJENDER Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The present petitioner-Rajender along with two co-accused was convicted by learned Additional Sessions Judge, Hisar vide judgment dated 28.09.2002 (Annexure P-2) under Sections 302 IPC read with Section 34 IPC and Section 449 IPC and sentenced to undergo maximum imprisonment for life.

(2.) Petitioner claims that he has completed the actual sentence of 10 years without remission and with remission 14 years and therefore as per the policy dated 12.04.2002 (Annxure P-3) which govern their case, he is qualified for consideration for premature release. However, Government of Haryana vide order dated 01.01.2018 (Annexure P-1), rejected the case of the petitioner on the ground that his case is covered under Clause 2(a)(x) as it is a brutal murder as observed by the trial Court. Therefore, they have to undergo the actual sentence of 14 years and with remission 20 years. The petitioner has challenged the said order dated 01.01.2018 (Annexure P-1) vide which the petitioner's premature case was rejected by the Government.

(3.) The State in the reply has taken the stand that under Section 433A of Cr.P.C., a life convict is required to undergo minimum sentence of 14 years. The State Government has the power to release the convict prematurely by considering his jail record and his conduct. Therefore the premature release cannot be claimed as a matter of right. It is further stated that the petitioner has undergone the actual sentence of 11 years 08 months & 20 days and with remission 14 years, 08 months & 18 days, whereas, he is required to undergo actual sentence of 14 years and with remission minimum 20 years as his case is covered under Clasue 2(a)(x) of the Policy dated 12.04.2002 (Annxure P-3).