S.S.GREWAL,J - (1.) THIS petition under Arts. 226/227 of the Constitution of India, relates to premature release of Baldev Singh detenu who after his conviction and sentence under Section 302 Indian Penal Code on 6th October, 1980, has already undergone 9 years and 10 months of actual imprisonment upto 1st February, 1990. Besides, he earned remissions for a period of 5 years. Thus taking into consideration the remissions, according to the petitioner's counsel the petitioner is entitled to grant of premature release by the State Government in as much as he had excellent record while he was undergoing imprisonment inside the jail. It was next pleaded that after completion of the requisite period of sentence the detenu sought premature release under Article 161 of the Constitution on the ground that he had already suffered requisite period of sentence and his conduct in the jail was satisfactory. It was further pleaded that the mercy petition of the detenu was wrongly declined on 28th March, 1990 vide Annexure P/7.
(2.) THE order of rejection indicates that the grant of premature release of the petitioner was declined on the ground that the verification report carried out by the District authorities reveals that there was apprehension of breach of peace if Baldev Singh convict was released prematurely. It was further mentioned therein that the son and widow of the deceased had appeared as witnesses against the petitioner and the wife of Baldev Singh convict is sister of the wife of the deceased and if Baldev Singh could commit the murder of his relation on a mere remark, which he took as a taunting one, the apprehension expressed by the witnesses seems to be well founded. The learned counsel for the parties were heard. The reasoning given by the competent authority to decline the prayer for premature release cannot be legally sustained, in view of the fact that there are no allegations that while undergoing sentence, or, while enjoying parole Baldev Singh convict has in any manner misconducted himself, or, had indulged in any illegal act which was likely to cause any reasonable apprehension to the life of the family members of the deceased. Besides, there is no other material on the record, which would justify the apprehension of the nearer relations of the deceased to their lives. Nor is there any cogent material on the record to indicate as to whether law and order was likely to be adversely affected by granting premature release to Baldev Singh convict. I find support on this point by authority of this Court in Narinder Kumar v. State of Punjab and another, 1990(3) Recent Criminal Report 23 : 1990(1) All India Criminal Law Reporter 743 and the authority of the apex Court in Bhagwant Saran and others v. State of U.P. and others, 1983(1) Chandigarh Law Reporter 504.
(3.) FOR the foregoing reasons, the impugned order of rejection, copy whereof is Annexure P/7, passed by the State Government cannot be legally sustained and the same is hereby set aside and the State Government is directed to order premature release of Baldev Singh convict forthwith on usual terms and conditions. This petition is accordingly allowed. Petition allowed.;