S.S., GREWAL, J. - (1.) THIS petition under Articles 226/227 of the Constitution, of India relates to grant of premature release to the petitioner, who, after his conviction under Section 302 of the Indian Penal Code by the Additional Sessions Judge, Ludhiana, on 17th September, 1981, has already undergone detention to the extent of 9 years and 15 days. Besides, he earned remissions of 6 years and thus the total sentence undergone by the petitioner exceeds 14 years including the remissions.
(2.) THIS aspect of the case has been admitted by the respondent-State in its reply. It was further mentioned that the mercy petition moved on behalf of the present petitioner was duly considered and the said convict has already undergone requisite period of sentence and has maintained good conduct in jail. However, prayer for grant of premature release was declined by the competent authority on the ground that the civil suit filed by the legal heirs of Sher Singh deceased against the present petitioner has been decreed to the tune of rupees eight lacs and so long as civil matter is not resolved between the parties, there can be no peace and the apprehension expressed by the father of the deceased to his life and to that of other members of the family of Sher Singh deceased, seems to be quite genuine. The reasoning given by the competent authority to declined the prayer for premature release is hardly tenable in view of the fact that the convict enjoyed parole for seven months and furlough for two months and three days and during that period there are no allegations that he has misconducted himself, or in any way caused any apprehension to the fire of the family members of the deceased. There is no other material on the record which would justify the apprehensions of the nearer relations of the deceased to their lives. Nor there is any cogent material on the record to indicate if law and order was likely to be adversely affected by granting premature release to the petitioner. I find support on this point from the judgment of the apex Court in Bhagwant Saran and others v. State of U.P. and ors., 1983(1) CLR 504.
(3.) FOR the foregoing reasons, the State Government is directed to order premature release of the petitioner forthwith on usual terms and conditions. This petition is accordingly allowed.;