KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is Crl. Misc. No. 16180-M of 1999 filed under section 482 Cr.P.C. read with Articles 226/227 of the Constitution of India whereby Krishan (petitioner herein) has prayed for his premature release in view of instructions Annexure P1. He has further prayed that the orders Annexure P3 and P4 passed by the government be quashed.

(2.) FACTS upon which he has founded his claim are as follows :- Petitioner was convicted and sentenced in case FIR No. 370 dated 21.12.1988 of PS Kalayat, district Jind under section 302/34 and 304-B IPC to imprisonment for life by Sessions Judge Jind on 4/6.4.90. He has been in jail since the day of his arrest. He has undergone sentence before/after conviction to the tune of 9 years 5 months and 8 days. He has earned remissions to the tune of 3 years and 8 months. In this manner, the total sentence undergone by him is to the tune of 13 years 1 months and 8 days. During this period, in jail his conduct has been highly remarkable free from the commission of any jail offence. He has availed parole/furlough on different dates. During the period, he was on parole/furlough, he committed no offence and returned to the jail without any demur. As on 6.4.1990 i.e. when he was convicted, the government instructions dated 28.9.1988 issued under Article 161 of the Constitution of India were in force and applicable. His case for premature release has to be considered as per the government instructions. It is further alleged that at the time of commission of the offence, he was a juvenile. As per para 2(b) of the Govt. instructions dated 28.9.88, a juvenile life convict, if male, was entitled to be considered for premature release after undergoing 6 years actual sentence including under-trial period provided the total of such period of detention including remission is not less than 10 years. Petitioner has already undergone more than 9 years actual sentence and with remissions more than 13 years sentence, the respondents should be directed to release him forthwith. Instructions dated 28.9.88 were superseded by the instructions dated 19.11.91 and further by instructions dated 4.2.93. As per instructions Annexure P1 dated 4.2.93, a juvenile life convict is required to undergo 8 years actual sentence including under trial period and 10 years with remissions. Petitioner fulfils all the conditions of para 2(c) of instructions Annexure P1 dated 4.2.93. At the time of the commission of the offence, he was less than 18 years. Learned Sessions Judge recorded his age as less than 18 years in the heading of the judgment. Rejection of his case for premature release by order Annexure P3 and P4 is unwarranted and illegal.

(3.) I have heard the learned counsel for the petitioner, learned AAG for the State of Haryana and have gone through the record.