KASHMIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner was convicted by the learned Sessions Judge, Una on 30.11.1994 under section 302 of the Indian Penal Code for the commission of murder of Tilak Raj and sentenced to life imprisonment and to pay fine of Rs. 3,000/- and on failure to deposit the fine amount, he was further directed to undergo rigorous imprisonment for one year. Petitioner preferred an appeal against the judgment dated 30.11.1994 rendered by the Sessions Judge before this Court by way of Criminal Appeal No. 218/1994. It was dismissed by this Court on 30.11.1995.

(2.) Petitioner's case for premature release was rejected vide letter dated 13.7.2013. Petitioner feeling aggrieved by the order dated 13.7.2013, approached this Court by way of CWP No.8025 of 2013. Learned Single Judge disposed of the petition on 6.6.2014 and directed the competent authority to reconsider the claim of the petitioner by passing a speaking order. In sequel to judgment dated 6.6.2014, case of the petitioner was recommended by the State Sentence Review Board in its meeting held on 29.11.2014. The recommendations made by the State Sentence Review Board, qua the petitioner, read as under:

(3.) Petitioner has undergone 25 years 4 months and 27 days with remissions as on 28.9.2014. Case of the petitioner was also covered under the Jail Manual for the Superintendence and Management of the Jails in Himachal Pradesh. According to the Jail Manaul, the case of premature release is to be considered provided the convict has maintained good conduct in jail and for this purpose good conduct means that he has not committed any jail offence for a period of five years prior to the date of his eligibility for consideration for release as per para 1.1 and the case for premature release is required to be considered if the Government is satisfied that in the event of release of the convict there is no likelihood of the convict committing a crime of breach of peace in any way connected with the circumstances of the crime for which he was originally convicted.