CRM-M/34334/2008 of RAJPAL Vs STATE OF HARYANA & ORS. on 24 December 2008

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IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH

-Criminal Misc. No.M34334 of 2008Date of decision : 24.12.2008

Rajpal

....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. No.60457 of 2008

Allowed as prayed for.

Criminal Misc. No.M-34434 of 2008

Notice of motion.

On the asking of the Court, Mr.S.S.Mor, learned SeniorDeputy Advocate General, Haryana accepts notice on behalf of therespondents.

The petitioner is undergoing life imprisonment following hisconviction by the learned Trial Judge on 24.4.1995 in case FIR No. 471dated 1.9.1993 registered at Police Station Sadar, Hisar under Sections149, 302, 326,148 IPC.

In view of the averment made in the course of the petition,learned State counsel states that the competent authority shall dispose ofthe premature release plea of the petitioner-prisoner in the light of the ApexCourt judgment in State of Haryana Vs. Mahender Singh and others2007 (4) RCR (Criminal) 909 and a Division Bench judgment of this Courtin Crl. Misc. No.12868-M of 2003 (Jiya Lal Vs. State of Haryana andothers) within two months from today.

There is no controversy otherwise that a review plea filed bythe State of Haryana in Mahender Singh's case (supra) has beendismissed by the Apex Court.

In Mahender Singh's case, the Apex Court had held that thepolicy in currency on the date of conviction of a prisoner would governconsideration of a premature release plea. The petitioner before this Courthaving been convicted on 24.4.1995, his case has to be governed by thepolicy which was in force on the date of the conviction.

On ascertainment of the correctness of the averment made bythe petitioner qua the period of actual sentence undergone by him, theSuperintendent of the Jail concerned (where the petitioner is presentlylodged), shall unconditionally release him forthwith. This order shall beFAXED to the Superintendent Jail concerned.

In order to avoid any ambiguity, it is made clear that thepetitioner shall be unconditionally released only if the Superintendent of Jailconcerned finds that the petitioner-prisoner has indeed undergone theactual period of sentence which he was required to undergo under thepolicy in currency on the date of the conviction.

The petition shall stand disposed of accordingly. Thecompetent authority is directed to dispose of the premature release plea ofthe petitioner-prisoner in the light of the Apex Court judgment in State ofHaryana Vs. Mahender Singh and others 2007 (4) RCR (Criminal) 909and a Division Bench judgment of this Court in Crl. Misc. No.12868-M of2003 (Jiya Lal Vs. State of Haryana and others) within two months fromtoday. It will be for the State counsel to communicate the order to thecompetent authority.

Copy of the order be given to the learned State counsel underthe signatures of the Court Secretary.

Copy of this order be given dasti to the learned counsel for thepetitioner on payment of usual charges.

December 24, 2008 Pka

(S.D. ANAND) JUDGE