IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-34332 of 2008
Date of Decision: December 24, 2008
Mohar Singh
... Petitioner
Versus
State of Haryana.
... Respondent
CORAM: HON'BLE MR. JUSTICE S.D. ANAND.
Present : Mr. Vijay K. Jindal, Advocate,
for the petitioner.
S.D. Anand, J. (Oral)
Crl. Misc. Nos. 60454 & 60455 of 2008
Allowed, as prayed for.
Crl. Misc. No. M-34332 of 2008
Notice of motion.
On the asking of the Court, Mr. S.S. Mor, Senior
Deputy Advocate General, Haryana, accepts notice on behalf of
the State.
The petitioner is undergoing life imprisonment following
his conviction by the learned Trial Judge on 06.09.2001 in case
FIR No. 117 dated 25.04.1996, under Sections 147/148/149/302 of
the Indian Penal Code.
Crl. Misc. No. M-34332 of 2008 2
In view of the averment made in the course of the
petition, the learned State counsel states that the Competent
Authority shall dispose of the premature release plea of the
petitioner – prisoner in the light of the Apex Court judgment in
State of Haryana Vs. Mahender Singh and others, 2007(4) RCR
(Criminal) 909 and a Division Bench judgment of this Court in Crl.
Misc. No. 12868-M of 2003 (Jiya Lal Vs. State of Haryana and
others) within two months from today.
There is no controversy otherwise that a review plea
filed by the State of Haryana in Mahender Singh’s case (supra)
has been dismissed by the Apex Court.
In Mahender Singh’s case, the Apex Court had held
that the policy in currency on the date of conviction of a prisoner
would govern consideration of a premature release plea. The
petitioner before this Court having been convicted on 06.09.2001,
his case has to be governed by the policy which was in force on
the date of his conviction.
On ascertainment of the correctness of the averment
made by the petitioner qua the period of actual sentence
undergone by him, the Superintendent of the Jail concerned
(where the petitioner is presently lodged), shall unconditionally
release him forthwith. This order shall be faxed to the
Superintendent Jail concerned.
In order to avoid any ambiguity, it is made clear that the
petitioner shall be unconditionally released only if the
Superintendent of Jail concerned finds that the petitioner –
Crl. Misc. No. M-34332 of 2008 3
prisoner has indeed undergone the actual period of sentence
which he was required to undergo under the policy in currency on
the date of the conviction.
The petition shall stand disposed of accordingly. The
Competent Authority is directed to dispose of the premature
release plea of the petitioner – prisoner in the light of the Apex
Court judgment in Mahender Singh’s case (supra) and a Division
Bench judgment of this Court in Jiya Lal’s case (supra) within two
months from today. It will be for the State counsel to communicate
the order to the Competent Authority.
Copy of the order be given to the learned State counsel
under the signatures of the Court Secretary.
Copy of the order be given dasti to the learned counsel
for the petitioner on payment of usual charges.
December 24, 2008 ( S.D. Anand ) vkd Judge