JAI SINGH SEKHON, J. - (1.) THE petitioner is undergoing imprisonment for life in a murder case. He has allegedly undergone more than 8-1/2 years of actual imprisonment besides more than 14 years imprisonment including remissions. Thus he craves for issuing a writ of habeas corpus for his release on the ground that the State Government is not exercising its powers of clemency under its own instructions issued on 12-12-1985. During the pendency or this writ petition, the petitioner had filed a mercy petition dated, 22-1-1990 before the State authorities for premature release.
(2.) IN return filed by the respondent State it is maintained that the premature release of a prisoner undergoing lifer imprisonment in a murder case cannot be considered before he has actually suffered 14 years of actual imprisonment in view of the provisions under section 433A of the Code of Criminal Procedure. Maru Ram v. Union of India, AIR 1980 Supreme Court 2147 was also stressed in this regard. Admittedly the State Government had issued the instructions on 12-12-1985 in the matter of disposal of mercy petition by a life convict after the amended provisions of section 433A of the Code of Criminal Procedure. These instructions read as under : "1. On grounds of serious illness that could prove fatal due to continuous detention in jail. 2. Fixation of responsibility of a particular life convict in gang murder where others are also involved besides the convict who has admitted the mercy petition. 3. The aspect of young/adolescent age, sex, mental deficiency, grave or sudden provocation and absence of motive and pre-mediation should also be the factors while scrutinising the copies of judgments in mercy petition cases. 4. The old age beyond 70 years can also one of the facts to grant mercy. 5. On extreme compassionate grounds like no bread earner of the family and no support from different relations. This will, however, differ from individual to individual. 6. After introduction of section 433-A of Cr.P.C. w.e.f. 18-12-1978 since every premature release case of a lifer convict will be taken up after he completed 14 years actual sentence in a jail a minimum period 5/6 years for juvenile and women prisoners and 7-1/2 years and 8-1/2 years for adult male prisoners can be taken as one of the guidelines for release on mercy petition. 7. Cases where subsequent to the announcement of the judgment new facts have come to light which if known to the court at the relevant time would have resulted in acquittal of convicts and where the proceedings cannot be re-opened according to law." A bare perusal of the above referred instructions leaves no doubt that adult male lifer convict is entitled to the consideration of mercy petition if he had undergone 8-1/2 years of actual imprisonment. The conduct of the prisoner in jail as well as likelihood of breach of peace if released prematurely are also relevant factors in this regard. Apart from these grounds, there are other compassionate grounds also like the nature of the crime committed. It also transpires that in the case of old women, children etc. premature release can be ordered even if the prisoner had undergone less than 8-1/2 years of the actual imprisonment.
(3.) THUS under these circumstances, the State Government is directed to dispose of the mercy petition of the petitioner as per its own instructions within four months of this order, failing which the petitioner shall be released on bail on furnishing requisite bonds to the satisfaction of District Magistrate, Amritsar.;