KESAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Rule. To be heard today.

(2.) The learned Advocate General waives service of the Rule on behalf of the respondents.

(3.) The petitioner is a convict undergoing the sentence of life imprisonment. He is incarcerated in the Model Central Jail, Nahan. According to the official version, he has undergone actual imprisonment for a period of 8 years, 7 months and 6 days and total imprisonment, inclusive of remission, for a period of 13 years, 9 months and 16 days as on June 20, 1984. The petitioner has, inter alia, complained herein regarding two matters: first, non-consideration of his case for premature release in light of the policy of the State Government on the subject and, secondly, non-consideration of his case for being released on parole. So far as the first complaint is concerned, pursuant to an order made in a Writ Petition instituted earlier by the petitioner, the State Government is required to consider the case for the premature release of the petitioner in the month of Nov. 1985. No further orders are, therefore, required to be made in that regard in the present proceeding. So far as the grievance relating to non-release on parole is concerned, the Court had made an order on April 16, 1984, directing the Inspector General of Prisons to examine the petitioner's prayer with regard to his being released on parole. Pursuant to the said order, the petitioner was ordered to be released on parole for a period of six weeks, vide order dated April 19, 1984, on his furnishing a personal bond and a surety in the sum of Rs. 10,000/-. Pursuant to the said order, the petitioner is stated to have been released on parole on his executing a personal bond and upon a surety having been furnished by his elder brother.