JUDGEMENT
S.B. Sinha, J. -
(1.) Leave granted.
(2.) Jurisdiction of the Court to interfere with the authority of the State in terms of the Government Instructions in regard to release of the convicts is in question in this appeal which arises from a judgment and order dated 13.7.2007 passed by a learned Single Judge of the Punjab and Haryana High Court at Chandigarh directing release of the respondents from prison, stating:
"According to written statement in the case of Bhup Singh, he had undergone actual sentence of 14 years and 26 days as on 6.5.2007. Accordingly, he has undergone a few days more than 14 years and 3 months of actual sentence as on today. According to written statement in the case of Om Prakash, he had undergone actual sentence of 13 years 11 months and 27 days as on 19.4.2007 and thus, he has undergone actual sentence of 14 years 3 months and 21 days as on today. Thus, both the petitioners have undergone more than 3 months over and above the actual sentence of 14 years. Thus, provisions of section 433-A of the Code also being taken into consideration, the petitioners deserve to be released immediately as they have already completed the actual sentence of 14 years. On the other hand, if judgment dated 24.7.2003 of this Court is taken into consideration, then the petitioners should have been released about 4 years ago. Thus, viewed from any angle, continued incarceration of the petitioners in the jail is completely illegal and untenable. For the foregoing reasons, both these criminal writ petitions are allowed and both the petitioners are ordered to be released forthwith from jail unless they are required in some other case. However, this direction is subject to final outcome of Special Leave Petition (Criminal) No. 1488 of 2004 pending in the Hon'ble Supreme Court."
(3.) Respondents were convicted for commission of offences under Section 302 of the Indian Penal Code, by a judgment and order dated 25.1.1988 for murder of three persons. They were sentenced to undergo rigorous imprisonment for life.;
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