NATWAR LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) In his various representations which have been treated as Criminal Miscellaneous Petition (Main), the convict who is presently undergoing life sentence in District Jail, Rajkot, District Rajkot, Gujarat, has asked for the following reliefs: i) to give him the benefit of special remission of two years as per circular dated 15.8.1997 issued by the Government of Gujarat on the occasion of Golden jubilee of independence on 15th August, 1997 ii) to issue directions to the Government of Himachal Pradesh to consider his case for pre -mature release by giving him the benefit of period of parole as well as furlough in accordance with law; and iii) to transfer him to any of the Jails in Himachal Pradesh from District Jail, Rajkot, District Rajkot, Gujarat.

(2.) From the reply filed on behalf of respondents No. 1 and 3 on the affidavit of Shri I.N.S. Sandhu, the then Additional Director General of Prisons, Himachal Pradesh, it transpires that the petitioner was convicted for an offence under Section 460 read with section 34,1.P.C. and was sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/ -, in default of which he would undergo imprisonment for two years 26.2.1988 passed by Sessions Judge, Dharamsala, which was confirmed by this Court. On the basis of information received from the Superintendent, Central Prison, Ahmedabad it is stated that the conduct of the petitioner in Jail is not good and he was awarded jail punishments three times. It is further stated that the petitioner has undergone actual imprisonment with set -off period, of 9 years and 26 days as on 31.8.1999. Along with their reply -affidavit respondents 1 and 3 have annexed a copy of the letter dated 10.9.1999 (Annexure RA) received from Superintendent, Central Prison, Ahmedabad addressed to Additional Director General of Prisons, Himachal Pradesh with which the nominal roll of sentence of the petitioner is also placed on record. It is stated in the nominal roll that petitioner had enjoyed parole period of 823 days from 17.8.1988 to 26.10.1996, furlough for 56 days from 9.8.1990 to 14.8.1998 at different intervals and he has been given following jail punishment: "(1) Dt. 11.10.90 38 days remission cut for late surrender by police from furlough leave. (2) Dt. 18.8.93 571 days remission cut for late surrender by police from parole leave. (3) Dt. 16.9.98 35 days remission cut for late surrender by police from furlough leave."

(3.) Respondents 1 and 3 have also placed on record a copy of letter dated 12.8.1983 (Annexure RB), which, according to them, is a policy regarding pre -mature release of prisoners prescribing the procedure for dealing with the application for pre -mature release of life convicts. According to respondents No. 1 and 3, this policy has been made keeping in view the provisions of Section 428 of the code of Criminal Procedure. It is further stated that since petitioner has undergone only 9 years 26 days sentence as on 31.8.1999 he is not eligible for consideration for pre -mature release under the said policy.