Criminal Misc. No.M-32275 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-32275 of 2008 Date of decision : 08.12.2008 Ram Partap .....Petitioner Versus State of Haryana ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. V.K.Jindal, Advocate for the petitioner. S. D. ANAND, J. Learned counsel for the petitioner states that he would be content and interests of justice would be served if the respondents are directed to consider the premature release plea of the petitioner in the light of the judgment rendered by the Apex Court in State of Haryana Vs. Mahender Singh and others 2007 (12) SCALE 669. In the context, learned counsel points out that petitioner by now has undergone 15 years of actual sentence and more than 20 years of total sentence. Notice of motion. On the asking of the Court, Mr. S.S.Mor, learned Senior Deputy Advocate General, Haryana accepts notice on behalf of the State. In the face of the above, The learned State counsel states that the competent authority shall take a decision on the premature release plea of the petitioner in the light of the judgment rendered by the Apex Court in Mahender Singh's case (supra) and he further informs that the exercise shall be concluded within one month. The petition shall stand disposed of with a direction to the Criminal Misc. No.M-32275 of 2008 -2- **** competent authority to dispose of the premature release plea of the petitioner in the light of the judgment rendered by the Apex Court in Mahender Singh's case (supra). The exercise shall be concluded within one month from today. However, in the meantime, as interim measure, petitioner shall be released forthwith, particularly when his co-accused who had undergone similar period of sentence was ordered to be released by this Court vide order dated 5.12.2008 passed in Criminal Misc. No. M-23798 of 2008 (Rewta Vs. State of Haryana), on furnishing of adequate surety etc. undertaking return to the law in case so ordered by this Court. That release is being ordered, as an interim measure, in view of the conceded position that he has already undergone actual sentence and total sentence in terms of the policy prevalent on the date of conviction. It will be for the State counsel to communicate the order to the competent authority. It will be for the State counsel to communicate the order to the competent authority. Copy of the order be given to the learned State counsel under the signatures of the Court Secretary. December 08, 2008 (S.D. ANAND) Pka JUDGE