UDAY UMESH LALIT.J. - (1.) The Appellant (original Accused No.1) stands convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to suffer life imprisonment and to other punishments including fine and default sentence under certain other offences. While granting Special Leave to Appeal, this Court by its Order dated 04.07.2017 rejected the prayer for bail. Another application for bail was thereafter preferred and when the application came up for consideration, it was reported that after having completed 8 years of actual sentence and the Appellant being aged above 75 years, in accordance with the existing policy of the State Government, he was prematurely released in 2019. This Court, therefore, called upon the State to file an affidavit indicating whether the policy permitted premature release even before completion of actual sentence of 14 years in connection with an offence punishable under Section 302 IPC.
(2.) The response filed on behalf of the State Government indicates that on the occasion of the Independence Day i.e., 15th August, 2019, in exercise of powers conferred by Article 161 of the Constitution of India, the Governor of Haryana was pleased to grant special remission to certain categories of prisoners. The policy decision dated 02.08.2019 issued in that behalf was as under:- "ORDER OF THE GOVERNOR OF HARYANA On the occasion of Independence Day i.e. 15th August 2019, the Governor of Haryana in exercise of the powers conferred by Article 161 of the Constitution of India, is pleased to grant special remission to prisoners who are undergoing sentence as a result of their conviction by the Courts of Criminal Jurisdiction in the State of Haryana. The special remission granted will be as under: Category of Convicts The convicts who have been sentenced for life and are 75 years or above in case of male and of 65 years or above in case of female as on 15.08.2019 and have completed eight years of actual sentence in case of male convicts and six years of actual sentence in case of female convicts including undertrial period and excluding parole period and whose conduct has remained satisfactory during confinement and who have not committed any major jail offence in the last two years be released forthwith. 1) The convicts who have been sentenced for punishment other than life sentence and are of 75 years and above in case of male and 65 years and above in the case of female as on 15.08.2019 and have been completed 2/3rd actual sentence including under trial period and excluding parole period and whose conduct has remained satisfactory during confinement and who have not committed any major jail offence in the last two years be released forthwith. Note:- The age of above convicts should be calculated according to Matriculation certificate or birth certificate and in absence of both it will be calculated according to the judgment of the trial Court and the Superintendent jail will ensure correctness of age. 2) The remission will not be granted to prisoners convicted for the following offences: i) Who have been sentenced to death and their sentences have been commuted to life sentence. ii) Abduction and murder of a child below the age of 14 years. iii) Rape with murder, iv) Dacoity or Robbery v) Where the Courts have issued any specific order regarding confinement. vi) Convicts under Terrorist and Disruptive Activities (Prevention) Act, 1987, Official Secrets Act, 1923, Foreigners Act, 1948, Passport Act, 1967, Sections 2 and 3 of the Criminal Law Amendment Act, 1961 and Sections 121 to 130 of the Indian Penal Code, 1860. vii) The sentence of imprisonment imposed in default of payment of fine shall not be treated as substantive for the purpose of grant of this remission. viii) Under NDPS Act in view of Section 32A of the NDPS Act, 1985 ix) Detenues of any class x) Pakistan nationals xi) The persons imprisoned for failing to give security for keeping peace for their good behavior under Sections 107/109/110 of the Criminal Procedure Code, 1973. xii) Cases of prisoners convicted for counterfeiting currency notes cases under section 489 (A to E) of the Indian Penal Code. xiii) Convicted and sentenced under Section 138 of the Negotiable Instruments Act, 1881. 3. This remission will not be granted to the convicts who are on bail on the day of granting this remission. However, they may be released if they fulfill the above conditions as on 15th August 2019, after they surrender in the jails in compliance with orders of Hon'ble Courts."
(3.) The matter was thereafter taken up for hearing. We heard Mr. Shikhil Suri, learned counsel appearing for the Appellant on behalf of the Supreme Court Legal Services Committee and Mr. Amit Kumar, learned Additional Advocate General for the State.;