Criminal Misc. No.M-34451 of 2008 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-34451 of 2008
Date of decision : 24.12.2008
Bhagwat Dayal ....Petitioner
Versus
State of Haryana and others ...Respondents
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. V.S.Rana, Advocate for the petitioner
S. D. ANAND, J.
Criminal Misc. Nos.60623 and 60624 of 2008
Allowed as prayed for.
Criminal Misc. No.M-34451 of 2008
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 petitioner is undergoing life imprisonment following his
conviction by the learned Trial Judge on 12.11.1997 in case FIR No. 196
dated 13.11.1993 registered at Police Station, Uklana under Sections
302,/34 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-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
Criminal Misc. No.M-34451 of 2008 -2-
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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 12.11.1997, his 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 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-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 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