SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is Criminal Misc. No. 21746-M of 1990 whereby Suresh Kumar (petitioner herein) who is undergoing sentence of imprisonment is claiming that the period of parole availed of by him to the tune of 4-1/2 months be counted towards the actual sentence undergone by him. He is further claiming that the special remissions granted by the Govt., Director General of Prisons/Inspector General of Prisons, Haryana to other prisoners during the period from 10.1.1994 to date be granted to him also and be counted towards the sentence undergone by him. He has prayed that after counting the parole period availed of by him and the special remissions granted by the Govt., Director General of Prisons/Inspector General of Prisoner, Haryana towards the actual sentence, his date of premature release be determined and if he has undergone the requisite sentence, to be released forthwith. It is alleged that he was arrested on 21.9.1990 in case FIR No. 58 dated 6.8.1990 registered under Sections 304A/498A of the Indian Penal Code of Police Station Sadar, Yamunanagar. On the conclusion of the trial, he was convicted and sentenced to undergo imprisonment for life by the Additional Sessions Judge, Jagadhri vide judgment/order dated 10.1.1994. He challenged his conviction and sentence before this Court through criminal appeal No. 30-DB of 1994. In appeal, his conviction was maintained vide order dated 17.10.1996 but sentence was reduced to 8 years rigorous imprisonment under Section 304B of the Indian Penal Code. Sentence was maintained under Section 498-A of the Indian Penal Code. Sentence were ordered to run concurrently. Till 11.8.1998, he had undergone the following sentences of imprisonment : From 21.9.1990 to 23.7.1991 - 10 months and three days as under- trial. From 10.1.1994 to 11.8.1998 - 4 years, 7 months and 1 day (actual sentence). During this period he earned remission to the tune of 1 year, two months and 15 days. He had thus undergone 6 years, 7 months and 19 days total sentence. He is claiming 1 year and 2 months as special remissions granted since 10.1.1994 to 11.8.1998 to other prisoners but denied to him.

(2.) IF special remissions granted to other prisoners are allowed to him, the total sentence undergone by him will amount to 7 years 9 months and 19 days. He has availed 4-1/2 months as temporary release on parole during his confinement in Jail since 10.1.1994. He is entitled to the addition of the period of parole availed of by him towards the actual sentence. Vide letter dated 21.3.1994 of the DGP, two months special remission was allowed. Vide letter Nos. GR No. 41/3/91-IJJ(II) dated 14.8.1995, GR No. 41/3/91/1-JJ(II) dated 14.8.1996 and GR No. 41/3/91/1-JJ(II) dated 21.10.1996, special remissions were granted for two months, two months and six months respectively. Vide letter dated 15.10.1997 of DGP two months remission was allowed. In this manner, 14 months special remission was allowed. Suresh Kumar has prayed that he be allowed premature release after calculating the actual sentence and the total sentence undergone by him in the manner as suggested by him through this criminal misc.

(3.) I have heard the learned Counsel for the petitioner, learned AAG Haryana for the respondents and have gone through the record.