JASWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) JASWANT Singh, petitioner herein, was convicted under Section 302 IPC and sentenced to life imprisonment by learned Sessions Judge, Ambala for his having committed the murder of Smt. Dayal Kaur. He is serving the term of sentence in Central Jail, Ambala. Claiming that his case was covered under para 2(b) of the policy regarding premature release of life convicts issued vide memo No. 36/135-91-100(2) dated 9th of November, 1991 he has brought this Crl. M. application under Section 482 Cr.P.C. read with articles 226/227 of the Constitution of India for the issuance of a writ in the nature of Habeas Corpus directing the State Government to release him forthwith. The State has contested the petition and have filed a reply. Para No. 2 thereof reads as under :-

(2.) FROM the bare reading of the above para of the written statement, it is evident that the stand of the State is that the case of the petitioner would be re-considered under para 2(a) of the Government instructions dated 19th November, 1991 after he served 14 years of actual sentence including under-trial period and earned atleast six years remission.

(3.) ACCORDING to the learned counsel for the State, it is covered under para 2(a) of the policy whereas the learned counsel for the petitioner says that it is covered under sub-para (b) of para 2 thereof. Both sub-paras are reproduced below for ready reference :-