Criminal Misc. No.M-31066 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-31066 of 2008 Date of decision : 27.11.2008 Prem Kumar .....Petitioner Versus State of Haryana and others ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr.V.S.Rana, Advocate for the petitioner S. D. ANAND, J. The petitioner-prisoner has a grievance that the consideration of his premature release case has been deferred by the competent authority just because he was convicted few days ago prior to completion of 14 years of actual sentence on a charge of having violated the jail rules and according to Punjab Jail Manual para 608 (12). The plea raised is that the grant of that punishment cannot validate the deferment of consideration of his premature release plea. Notice of motion. On the asking of the Court, Mr. S.S.Mor, learned Senior Deputy Advocate General, Haryana accepts notice on behalf of respondents. It is apparent from Annexure P/1 itself that petitioner-prisoner stands punished for the dereliction aforementioned. The deferment of consideration of his case for premature release would amount to subjecting him to double jeopardy which is not allowable under the law. Criminal Misc. No.M-31066 of 2008 -2- **** The petition shall stand disposed of accordingly with a direction to the competent authority to consider the premature release plea of the petitioner in accordance with law unfazed by the fact of his conviction dated 1.7.2008, within two months from today.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. November 27, 2008 (S. D. ANAND) Pka JUDGE