Criminal Misc. No.M-755 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No. 52599 of 2010 and Criminal Misc. No.M-755 of 2009 Date of decision:- 11.10.2010 Kuldeep ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA Present:- Mr. Rahul Deswal, Advocate for the applicant-petitioner. Mr. P.M. Anand, Addl. A.G. Haryana. RAM CHAND GUPTA J.(Oral) Criminal Misc. No.52599 of 2010 Requests for placing on record judgment of conviction of petitioner passed by learned trial Court as Annexure P-1. Application is allowed and Annexure P-1 is taken on record. Criminal miscellaneous stands disposed of. Criminal Misc. No.M-755 of 2009 The present petition has been filed under Section 482 of the Code of Criminal Procedure read with Article 226/227 of the Constitution of India for issuing direction to respondents to decide the premature release case of the petitioner as per Haryana Government Policy dated 04.2.1993 (Annexure P-1) in regard to premature release of a life convict on the plea that petitioner has already completed total sentence of 14 years including remissions and that he was illegally deprived of benefit of premature release. Reply has been filed on behalf of respondent-State. I have heard learned counsel for the parties and have Criminal Misc. No.M-755 of 2009 -2- gone through the whole record carefully. During the pendency of this petition, premature release case of the petitioner has been decided by the respondents vide order Annexure R-2, wherein it has been mentioned that State Level Committee has not recommended premature release case of the petitioner as he has not completed 14 years of actual sentence and six years remissions as per policy dated 04.2.1993. It has been contended by learned counsel for the petitioner that impugned order Annexure R-2 has been passed on the basis of incorrect facts as it has been mentioned that petitioner has been held guilty for double murder including murder of a child below 14 years of age, whereas in fact as per judgment, rendered by learned trial Court as well as by this Court in appeal, petitioner- accused has been held guilty and convicted for offence under Section 302 IPC read with Section 34 IPC for committing murder of Satbir. In fact co-accused Naresh and Rameshwar have been convicted and sentenced for murder of Narinder @ Kala i.e. a boy under 14 years of age. These facts have not been disputed by learned counsel for the respondent-State. Hence, in view of these facts, the present petition is disposed of with direction to the respondents to reconsider the premature release case of the petitioner by taking correct facts into consideration. Copy of this order be given to learned State Counsel under the signatures of Reader of this Bench. It will be the responsibility of the State counsel to convey copy of this order to the concerned authority, for compliance. October 11, 2010 ( RAM CHAND GUPTA ) Vijay Asija JUDGE