S.S.NIJJAR,J - (1.) THIS petition under Section 482 Cr.P.C. seeks quashing of the impugned order Annexure P-3 dated 11.1.2001 rejecting the claim of the petitioner for premature release.
(2.) THE petitioner and his brother were convicted under Sections 302/307 read with Section 120-B IPC and 25 Arms Act and sentenced to undergo life imprisonment by the Sessions Judge, Ambala on 4.12.1987. On 18.10.2000, the petitioner has undergone more than 20 years two months and 16 days. The break-up is as follows :- Y M D "Convicted period 12-10-14 (+) Undertrial period 01-10-26 14-19-10 (-) Parole period 00-06-21 14-02-19 (+) Remissions 05-11-27 Total Sentence 20-2-16." Even according to the jail authorities, the petitioner has undergone a few months in excess of the maximum period prescribed. The claim of the petitioner has been rejected for the following reasons :- "..... This life convict alongwith his father and two brothers had committed the brutal triple murder of public spirited persons i.e. Ram Singh, Gurpal Singh and Gurbax Singh and having attempted a murderous assault on Sukhdev Singh by pistol and rifle from a close range and giving dagger blows in highly planned manner. This case falls under para 2(a) of the Govt. instructions dated 8.8.2000. As per this para life convict has to undergo 14 years actual sentence including undertrial period provided that the total period of such sentence including remissions is not less than 20 years. This life convict has fulfilled the above conditions but as this life convict had committed the murder of public representatives, the State Level Committee recommended that the premature release case of this life convict will be re-considered after one year."
(3.) THE State of Haryana has been issuing policy instructions with regard to premature release of life convicts from time to time. Earlier, the case of the petitioner had been considered under policy instructions dated 4.2.1993. These instructions provided that the petitioner could have been released after he had completed 20 years of sentence. These instructions had, however, been superseded by instructions dated 8.8.2000 (Annexure P-2). According to these instructions, the petitioner is to undergo 14 years actual sentence including undertial period provided that the total period of sentence including remission is not less than 20 years. It has also been provided in the instructions that the period during which the convict remained on pareole will not be counted in the total sentence. The petitioner claims to be released on the basis of paragraph 2(a) of the instructions.;