GOOLU Vs. GOVERNMENT OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482, Criminal Procedure Code, for allowing premature release to the petitioner as he has undergone 16 years of imprisonment after allowing the set-off of remission period.

(2.) IN response to the notice issued by this Court, written statement has been filed by Superintendent, Central Jail, Hissar, saying that the petitioner has undergone 12 years 3 months and 20 days' substantive sentence, including undertrial period as on October 10, 1993. The split up of the same is as under :-

(3.) FOR the reasons stated above, the criminal misc. application is disposed of with the directions that the State Government shall take a final decision, whether the period of remissions earned by the petitioner is countable towards set off against the substantive sentence, within one month from the date of receipt of a copy of this order. If the Government finds that the period of remissions earned by the petitioner is countable towards set off against the substantive sentence, then he should be released forthwith.