V.K.JHANJI, J. - (1.) THE present petition under Section 482, Cr.P.C. read with Articles 226/227 of the Constitution of India, has been filed for a direction to the respondents to release the petitioner prematurely on the basis of instructions dated 19.11.1991.
(2.) IT has been stated in the petition that the petitioner was tried for the offence of murder by Sessions Judge, Jind and was convicted under Section 302 read with Section 34, Indian Penal Code and sentenced to undergo life imprisonment along with a fine of Rs. 100/- and in default of payment of fine, further R.I. for one month. Criminal Appeal No. 504-DB filed against the aforesaid conviction and sentence, was dismissed by this Court on 12.8.1985. Special leave petition preferred by the petitioner too was dismissed by the Supreme Court. Petitioner then filed Cr. Misc. No. 11459-M of 1993 and on 25.11.1993, this Court directed the respondents to treat the petition as representation and dispose of the same by passing a speaking order. Further, according to the petitioner, his case was required to be considered decided by passing a speaking order within a period of three months, but the same has been rejected by the Authorities on the ground that the petitioner is required to undergo 14 years' actual sentence and 20 years' sentence including remissions as provided under para 2(a) of instructions dated 19.11.1991. Notice of the petition was given to the respondents who have filed reply. In the reply, it has been stated that case of the petitioner falls under para 2(a) of the 1991 instructions and, therefore, his case would be considered only after completion of 14 years of actual sentence and 20 years sentence including remissions.
(3.) AFTER bearing learned counsel for the parties, I am of the view that the petition deserves to succeed. The matter regarding premature release of a life convict has been considered by the Government and in supersession of all previous instructions, instructions dated 19.11.1991 are in force. Para 2(a) of the said instructions provides as follows : "(a) Convicts whose death sentence has been commuted to life imprisonment and convicts who have been imprisoned for life for having committed a heinous crime, such as murder with wrongful confinement, for extortion/robbery, murder with rape, murder while undergoing life sentence, murder with dacoity, murder under T.D. Act, 1987, murder with Untouchability (Offences) Act, 1955, murder in connection with dowry, bride burning, murder of a child under the age of 14 years, murder of handicapped or pregnant woman or murder after abduction or kidnapping, murder on professional/hired basis, murder exhibiting brutality such as cutting the body into pieces or burning, dragging the body as evident from judgment of sentence, persistent bad conduct in the prisons and those who cannot for some definite reasons be prematurely released without danger to public safety or convicts who have been imprisoned for life under Section 120-B of IPC or life convicts who have been awarded life imprisonment a second time under N.D.P.S. Act or life convicts who have been imprisoned for life second time under any offence." Their case may be considered after completion of 14 years actual sentence including under-trial period and after earning at least 6 years remission.;