IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 30353 of 2010(O&M) Date of Decision: November 29, 2010. Om Parkash ...... PETITIONER(s) Versus State of Haryana and another. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. H.P.S.Aulakh, Advocate for the petitioner. Mr. Amandeep Singh, A.A.G., Haryana. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed under Section 482 of Code of Criminal Procedure for premature release of the petitioner in view of the policy of respondent-State circulated vide memo No.36/135/91-1JJ(II) dated 04.02.1993 amended vide memo No. 36/135/91-1JJ(II) dated 16.03.1999. Reply has been filed on behalf of respondent-State. I have heard learned counsel for the parties and have gone through the whole record. CRM No.M-30353 of 2010 Admitted facts are that petitioner was sentenced to death in FIR No.140 dated 28.06.1990, under Sections 302/307/34 IPC and Section 27 of Arms Act, Police Station Sampla, Rohtak by the then learned Sessions Judge, Rohtak vide judgment dated 05.04.1997. The sentence was also confirmed by this Court. However, Hon’ble Supreme Court commuted the death sentence to life imprisonment vide order dated 22.02.1999 passed in Crl. Appeal No. 224 of 1999. He has already undergone more than 18 years 6 months and 5 days of actual sentence and 21 years 11 months and 19 days of total sentence including remissions minus parole. It has been contended by learned counsel for the petitioner that vide order dated 22.12.2008 passed by this Court in Crl.Misc.No.M-33059 of 2008 and as per judgment rendered by Hon’ble Apex Court in State of Haryana and others v. Jagdish and Harpal, AIR 2010 (SC) 1690, the premature release case of petitioner was considered by State Level Committee and however, the same was illegally declined. It has been contended by learned counsel for the State that case of petitioner for his premature release has been declined by State Level Committee on the ground that he has not earned 6 years remissions though he has completed about 22 years of total sentence. Admittedly, the case of petitioner falls under para 2(a) of the policy dated 04.02.1993. The said policy was later on amended vide Memo No. 36/135/91-1JJ(II) dated 16.03.1999 wherein it was clarified that a convict has to undergo total sentence of 20 years including remissions minus parole. The present petition has already undergone much more than that i.e. 22 years. 2 CRM No.M-30353 of 2010 Hence, in view of these facts, the present petition is disposed of with direction to respondents to reconsider the premature release case of the petitioner in the light of observations of this Court made above, within one month from the date of receipt of certified copy of this order. Petitioner is already on bail as per order passed by this Court on 22.12.2008. Hence, it is made clear that he will remain on bail till the consideration of his case by respondent-State. Disposed of accordingly. ( RAM CHAND GUPTA ) November 29, 2010. JUDGE 'om' 3