Criminal Misc. No. M-632 of 2009 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
****
Criminal Misc. No. M-632 of 2009 (O&M)
Date of Decision:17.02.2009
Partap Singh .....Petitioner
Vs.
State of Haryana and others .....Respondents
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:- Mr. V.S. Rana, Advocate for the petitioner.
Mr. Amit Kaushik, Assistant Advocate General, Haryana.
****
JUDGMENT
HARBANS LAL, J.
This petition has been moved by Partap Singh against State of
Haryana and others under Section 482 of the Code of Criminal Procedure
read with Articles 226/ 227 of the Constitution of India for directing
respondents to consider and decide his case for pre-mature release as per
policy prevalent at the time of his conviction.
Reply filed on behalf of respondents No.1 to 4 is taken on
record.
I have heard the learned counsel for the parties, besides
perusing the record with due care and circumspection. In re: State of
Haryana v. Mahender Singh and others, 2007 AIR Supreme Court
Weekly 6988, the Apex Court has ruled that “A-fortiori, the policy-decision
applicable in such cases would be one which was prevalent at the time of
his conviction.” Further in re: State of Haryana v. Bhup Singh and
others, 2009(1) Recent Criminal Reports (Criminal) 654, the Apex
Court while considering an identical question observed as under:-
Criminal Misc. No. M-632 of 2009 (O&M) -2-
“We, therefore, are of the opinion that keeping in view the
decision of this Court in Mahender Singh (supra), the
impugned judgment should be modified directing the appellant
to consider the cases of the respondents. It is, therefore,
directed that if the respondents have not already been released,
the State shall consider their cases in terms of the judgment of
this Court in Mahender Singh’s case (supra) having regard to
the policy decision as was applicable on the date on which they
were convicted and not on the basis of the subsequent policy
decision of the year 2002.”
Adverting to the facts of the instant case, there is no gainsaying
the fact that the petitioner was convicted and sentenced on 12.12.1997 in
case FIR No.173 dated 13.12.1993 under Sections 302 and 201 of IPC
registered at Police Station Battu Kalan by the Court of learned Sessions
Judge, Hisar.
This petition is disposed of, with the direction to the
respondents to consider the case of the petitioner in terms of the afore-
mentioned judgments delivered in re: Mahender Singh and others’ case
(supra) as well as Bhup Singh and others’ case (supra), having regard to
the policy decision as was applicable on the date on which he was convicted
within one month from the date of receipt of the certified copy of this
judgment. If the petitioner’s case is covered by the policy decision
applicable in his case, he may be released as per rules.
Disposed of accordingly.
February 17, 2009 ( HARBANS LAL ) renu JUDGE
Whether to be referred to the Reporter? Yes/No