JAGIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ORDER :- This is Crl. Misc. No. 15724-M of 1999 filed by Jagir Singh (petitioner herein) under Section 482 Cr.P.C. read with Articles 226/227 of the Constitution of India whereby he has prayed for the quashing of order Annexure P1 and further direction to the respondents to consider his case for premature release in the light of instructions Annexure P4 dated 27-2-1984 read with para 516-B of the Punjab Jail Manual.

(2.) In support of this prayer, he has averred that he was arrested on 6-3-78 and was awarded sentence of imprisonment for life on 24-12-1979. He prayed for his premature release which was declined vide order Annexure P2 by the respondents State of Haryana saying that he has not undergone 10 years actual sentence including under-trial period and his case for premature release will be reconsidered on completion of 10 years actual sentence including under-trial period.

(3.) As on 2-1-98, he had undergone 14 years 5 months and 21 days total sentence and actual 8 years 5 months and 12 days. He moved Crl. Misc. No. 26474-M of 1997 before this Court for direction to the respondents for considering his case for premature release on which direction was issued to the respondents by this Court vide order Annexure P3 for considering and deciding his case for premature release by complying with the instructions as were in force on the date of his conviction. It is averred that on the date he was convicted instructions Annexure P4 dated 27-2-84 were in force according to which he was to be considered for premature release after the completion of 8 1/2 years of substantive sentence and 14 years of sentence including remissions. He had definitely covered the period of 8 1/2 years of actual sentence and 14 years of total sentence and therefore his case for premature release was improperly declined by the respondent State of Haryana vide order Annexure P2.