Criminal Misc. No.M-34327 of 2008 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-34327 of 2008
Date of decision : 24.12.2008
Raj Pal @ Pala and others ....Petitioners
Versus
State of Haryana and others ...Respondents
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. H.P.S.Aulakh, Advocate for the petitioner
S. D. ANAND, J.
Notice of motion.
On the asking of the Court, Mr.S.S.Mor, learned Senior
Deputy Advocate General, Haryana accepts notice on behalf of the
respondents.
The petitioners are undergoing life imprisonment following their
conviction by the learned Trial Judge on 8.5.1996 in case FIR No. 146
dated 26.7.1990 registered at Police Station, Kalyat under Sections 302,
148, 149, IPC.
In view of the averment made in the course of the petition,
learned State counsel states that the competent authority shall dispose of
the premature release plea of the petitioner-prisoners 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
Criminal Misc. No.M-34327 of 2008 -2-
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consideration of a premature release plea. The petitioners before this
Court having been convicted on 8.5.1996, their case has to be governed
by the policy which was in force on the date of the conviction.
On ascertainment of the correctness of the averment made by
the petitioners qua the period of actual sentence undergone by him, the
Superintendent of the Jail concerned (where the petitioners are presently
lodged), shall unconditionally release them forthwith. This order shall be
FAXED to the Superintendent Jail concerned.
In order to avoid any ambiguity, it is made clear that the
petitioners shall be unconditionally released only if the Superintendent of
Jail concerned finds that the petitioner-prisoners have indeed undergone
the actual period of sentence which they were 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-prisoners 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. 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 this order be given dasti to the learned counsel for the
petitioner on payment of usual charges.
December 24, 2008 (S.D. ANAND) Pka JUDGE