Criminal Misc. No. M- 23827 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M- 23827 of 2009 Date of Decision:18.09.2009 Darshan .....Petitioner Vs. The State of Haryanan and another .....Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. H.P.S. Aulakh, Advocate for the petitioner. Mr. Amit Kaushik, Assistant Advocate General, Haryana. **** HARBANS LAL, J. This petition has been moved by Darshan under Section 482 of Cr.P.C seeking his premature release. The brief facts giving rise to this petition are that the petitioner was arrested in a case FIR No.72 dated 2.4.1992 registered under Sections 302/148/ 149/323/324/325/34 of IPC at Police Station Sampla District Rohtak for causing the death of Rati Ram on 28.3.1992. He was convicted and sentenced to undergo life imprisonment by the Court of learned Additional Sessions Judge, Rohtak on 25.8.1995. He has undergone a total sentence of 14 years, 6 months and 17 days as on 26.8.2009. By adding the remissions earned by him, the total sentence comes to 20 years, 2 months and 12 days. The State of Haryana – respondent has formulated a policy vide Haryana Government Jails and Judicial Department Notification dated 13.8.2008 (Annexure P.1) vide which the convicts imprisoned for life having committed any crime defined in IPC as punishable with death Criminal Misc. No. M- 23827 of 2009 -2- sentence, their premature release shall be considered after 14 years of actual sentence and not less than 20 years including remissions. Earlier, the petitioner had moved this Court by filing Criminal Misc. No. M-764 of 2009 titled as `Darshan v. The State of Haryana'. This Court gave the direction to the respondents to consider the release case of the petitioner. The respondent- State stated that the State is filing SLP and hence deferred the case. In reply, it has been inter-alia pleaded that the pre-mature release case of the petitioner has been sent to the Director General of Prisons, Haryana vide letter No.12072 dated 15.7.2009 for further submission before the State Level Committee in compliance with instructions passed by the Government of Haryana vide notification dated 13.8.2008 since the petitioner has already undergone requisite period, i.e., 14 years of his actual sentence and 20 years' total sentence including remissions. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. This petition is disposed of with a direction to the respondents to decide the case of the petitioner within a period of two months from the date of receipt of the certified copy of this judgment. September 18, 2009 ( HARBANS LAL ) renu JUDGE