Criminal Writ Petition No.2332 of 2010 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.2332 of 2010 Date of Decision : March 01, 2011. Suraj Mal ...... Petitioner Versus State of West Bengal and others ......Respondents CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Vipul Jindal, Advocate, for the petitioner, Mr. Satyavir Singh Yadav, DAG, Haryana for respondent No.3. NAWAB SINGH J.(ORAL) Suraj Mal – petitioner was convicted by Additional Sessions Judge, 3rd Court, Burdwan in Sessions Case No. 182 of 1988 under Section 302 of Indian Penal Code and 27 of Arms Act and was sentenced to undergo imprisonment for life and seven years and to pay a fine of Rs.2000/- and 1000/- respectively, by judgment dated July 31st, 1990 (Annexure P/1). In the year 2000, he was transferred from West Bengal jail. He is now confined in Central Jail, Ambala (Haryana). As on date, he has undergone actual sentence of more than 20 years and 6 months and more than 25 years including remissions. 2. The case of the petitioner for pre-mature release was not considered. He filed Criminal Misc. No.M-922 of 2009 seeking direction that his case for pre-mature release be considered by the West Bengal Government. By order dated August 25th, 2009 (Annexure P/5), this Court directed the West Bengal Government to consider the case of the petitioner for pre-mature release within three months of receipt of copy of order. Criminal Writ Petition No.2332 of 2010 2 .. 3. Pursuant to the order Annexure P/5, by order dated August 29th, 2010 (Annexure P/6), the Review Board of West Bengal Government considered and rejected the case of the petitioner for pre-mature release by observing as under:- “7. Suraj Mal (No. 8680/A) : The case of Surajmal (R.B. List No. 34) was discussed by the Review Board in consideration of the recent direction of the Hon`ble High Court, Punjab and Haryana. The life convict is now 46 years old. In consideration of his latent potentiality in criminal activities which might pose a great danger on the fellows of society, the Review Board did not consider his premature release.” 4. By filing the present petition, the petitioner has urged that the ground on which his case was rejected is not cogent. To support the contention, reliance has been placed upon (i). Bhagwant Saran & Ors. Vs. Stat of U.P. And Ors. 1983 (1) C.L.R. 504 and (ii). Life Convict Laxman Naskar Vs. State of West Bengal 2000(4) R.C.R. (Criminal) 18. 5. In Bhagwant Saran's case (supra), the Committee appointed to report on the conduct of prisoners, recommended their release but the State Government did not accept the same and rejected the case for premature release of the petitioners keeping in view the law and order situation. The ground of rejection was not accepted by the Hon`ble Supreme Court and ordered the release of the petitioners forthwith. 6. In Laxman Naskar's case (supra), case for pre- mature release of the petitioner, undergoing imprisonment for life, who had completed the total sentence of 23 years including remissions, was rejected on the following grounds:- “(i). Two witnesses who had deposed before trial Court and people of locality were apprehensive of acute breach of peace. ii). Petitioner was person of about 43 years of age and Criminal Writ Petition No.2332 of 2010 3 .. had the potential of committing crime. iii). Incident in relation to which crime had been committed was the sequel of political feud affecting the society at large.” Hon`ble Supreme Court observed that the case of the petitioner could not have been rejected on these grounds and remitted the same to the Government of West Bengal for re- examination. 7. Above being the legal and factual position, the Government of West Bengal is directed to re-consider the case of the petitioner in the light of the aforesaid judgments of Hon`ble Supreme Court and the fact that he has already undergone actual sentence of more than 20 years and 6 months and 25 years including remissions and also that he is permanent resident of State of Haryana. 8. For the reasons aforesaid, it is ordered that till the case for pre-mature release of the petitioner is decided by the Government of West Bengal, he shall be released on parole on his furnishing personal bond and a surety bond to the satisfaction of District Magistrate, Kaithal-Haryana because he is permanent resident of Kaithal. The petitioner shall give an undertaking that he will not leave the country without prior permission of the Court and will keep peace and shall not indulge in any criminal activity while on parole. 9. After receipt of order from the West Bengal Government, Superintendent, Central Jail, Ambala shall inform the petitioner accordingly. 10. Disposed of. (NAWAB SINGH) JUDGE 01.03.2011 som