JASSI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS application has been filed to direct the release of the petitioner prematurely under para 2(b) of Government instructions dated 19.11.1991 under usual terms and conditions. The petitioner was convicted by the learned Additional Sessions Judge, Sirsa by his judgment dated 15.1.1983 for offences under Sections 148, 302, 324 325, 323/149 IPC. According to the petitioner, he has already undergone an actual sentence of 12 years 8 months and 12 days and he earned remissions of 6 years 3 months, 9 days. Therefore he is entitled to premature release under para 2(b) of the instructions dated 19.11.1991 issued by the Government of Haryana with regard to the premature release of the convicts. The petitioner earlier made two applications to this Court for his premature release. The first application was numbered as Cr. Misc. No. 11560-M of 1993. The said application came up before H.K. Sandhu, J. The learned Judge directed the respondents to re-consider the case of the petitioner for his premature release under para 2(b) of the Government instructions dated 19.11.1991. This order was passed on 10.12.93. As the petitioner was not released in pursuance of the said order and his co-accused was released the petitioner filed the present application for his premature release. On a consideration of the material on record and in view of the order passed by this Court in Cr.M. 11560-M of 1993, dated 10.12.1993, the matter was considered by the State Level Committee. The State Level Committee considered the case of the petitioner as per direction of this Court dated 10.12.1993 in Cr. Misc. 11560-M of 1993 in its meeting. The State Level Committee also took into consideration the order of release in respect of the co-accused of the petitioner namely, Billu and Dessi. After considering the recommendations of the State Level Committee and after taking into consideration the facts of the case, the State Level Committee took the view that the case of the petitioner for premature release will be considered after the completion of 14 years actual sentence. This recommendation of the State Level Committee has been accepted by the Government. Aggrieved by the said decision, the petitioner has filed the present application for his release. The State of Haryana filed the written statement. According to the same, the petitioner completed 13 years 5 months 8 days actual sentence including the under trial period as on 7.9.1994 and the order passed by this Court on 10.12.1993 has been complied with. The case of the petitioner has been considered by the State Level Committee and the recommendations of the Committee have been accepted by the Government. As such the petitioner has no right to seek his premature release.

(2.) LEARNED counsel for the petitioner argued that two of his co-accused have been released prematurely under the orders of this Court and the same benefit can also be extended to the petitioner and he be directed to be released prematurely. I am of the view that this Court has no power to direct the release of any convict prematurely. This court can only direct the Government to consider the request of the petitioner. It is pertinent to refer to the decision of the Supreme Court in Crl. Appeal No. 246 of 1993 dated 22.2.1993 wherein their Lordships of the Supreme Court observed as follows :-

(3.) THE petition is disposed of with the above observations. Petition disposed of.