R.K.NEHRU, J. - (1.) THIS is a petition under Section 482, Criminal Procedure Code, for allowing premature release to the petitioner as he has undergone 16 years of imprisonment after allowing the set-off of remission period.
(2.) IN response to the notice issued by this Court, written statement has been filed by Superintendent, Central Jail, Hissar, saying that the petitioner has undergone 12 years 3 months and 20 days' substantive sentence, including undertrial period as on October 10, 1993. The split up of the same is as under :- Year Months Days (1) Under-trial period 1 09 26 (2) Actual sentence undergone 10 08 25 12 06 21 (3) Less: Parole period 0 03 01 (4) Substantive Sentence 12 03 20 (5) Remissions 6 03 09 (6) Total : 18 06 29 The case of the petitioner was considered by the State Level Committee under 1988 instructions and the Committee was of the opinion that the case of the petitioner for premature release be re-considered after one year and the Government had accepted the recommendations of the Committee. Subsequently, under the instructions dated November 19, 1991, the case of the petitioner for his premature release was reconsidered by the State Level Committee and it after taking into consideration the heinous nature of crime, recommended that his case for premature release be reconsidered under Para 2(a) of the Government instructions dated November 19, 1991 when he completes 14 years' actual sentence, including undertrial period and after earning at least 6 years remissions. The Government have accepted the recommendations of the Committee. Para 3 of the written statement filed by Sh. Mohinder Singh Kaushish, Superintendent, Central Jail, Hissar, on behalf of the respondents reads as under :- "That in reply to Para 3 of the petition, it is submitted that the case of the petitioner was first submitted under instructions of 1988 and the State Level Committee taking into consideration the facts and circumstances of the case, the Committee was of the opinion that his premature release case may be reconsidered after one year and the Government has accepted the recommendation of the Committee. Later on, under fresh instructions of dated 19.11.1991, the State Level Committee after taking into consideration the facts and circumstances of the case and heinous nature of crime committed by this convict recommended that his premature release case may be reconsidered under Para 2(a) of the Government instructions dated 19.11.1991 when he completed 14 years actual sentence including 6 years remissions. The Government have accepted the recommendation of the Committee." The petitioner has undergone sentence of imprisonment of 12 years 3 months 20 days as on October 13, 1993 - the date of filing the written statement. Now he has undergone six months more substantive sentence. It is not stated in the written statement whether the remission period is countable towards set-off against the substantive sentence. If the period of remissions is counted towards the substantive sentence, the petitioner has undergone 14 years actual sentence. It is correct that on earlier occasion, the State Level Committee had recommended that the petitioner's case for premature release be reconsidered after the expiry of one year and the recommendation was accepted by the State Government, but the case was again placed before the State Level Committee for reconsideration under the Government instructions dated November 19,1991. The petitioner is seeking the benefit of the instructions and there is no bar for reconsidering his case for premature release under the later instructions. I find that the action of the State Government for referring the case to the State Level Committee for reconsideration is perfectly legal. However, I think it is necessary that the Government should reconsider whether the period of remission is counted towards set off against the substantive sentence. If the remissions earned by the petitioner can be counted towards set off against the substantive sentence, the petitioner is entitled to be released prematurely forthwith.
(3.) FOR the reasons stated above, the criminal misc. application is disposed of with the directions that the State Government shall take a final decision, whether the period of remissions earned by the petitioner is countable towards set off against the substantive sentence, within one month from the date of receipt of a copy of this order. If the Government finds that the period of remissions earned by the petitioner is countable towards set off against the substantive sentence, then he should be released forthwith.;