IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-34313 of 2008 Date of Decision: December 24, 2008 Naresh Kumar @ Sonu … Petitioner Versus State of Haryana and another. … Respondents CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present : Mr. Hoshiar Singh Jaswal, Advocate, for the petitioner. S.D. Anand, J. (Oral) Crl. Misc. No. 60430 of 2008 Allowed, as prayed for. Crl. Misc. No. M-34313 of 2008 Notice of motion. On the asking of the Court, Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, accepts notice on behalf of the State. The learned counsel for the petitioner states that he would be content and interests of justice would be served if a direction is issued to the respondents to consider the premature release case of the petitioner – prisoner in the light of the judgment rendered by the Apex Court in State of Haryana vs. Mahender Crl. Misc. No. M-34313 of 2008 Singh and others, 2007(4) RCR (Crl.) 909 and Division Bench of this Court in Crl. Misc. No. M-12868 of 2003 – Jiya Lal Vs. State of Haryana and others. The petitioner is undergoing life imprisonment consequent upon his conviction by the learned Trial Judge on 08.08.2002 in case FIR No. 820 dated 13.09.1997 for an offence under Sections 302 of the Indian Penal Code. The precise averment made in the course of the petition is that the petitioner has undergone actual sentence of 11 years and 29 days and the total sentence of more than 14 years. In view of the presently conceded position that a review plea filed by the State of Haryana against the judgment in Mahender Singh’s case (supra) has been rejected by the Apex Court, the learned State counsel states that the Competent Authority shall dispose of the premature release case of the petitioner – prisoner within a period of two months. In the light of the foregoing discussion, the petition shall stand disposed of with a direction to the Competent Authority to consider the premature release case of the petitioner – prisoner in view of the Mahender Singh’s case (supra) and the judgment rendered by a Division Bench of this Court in Criminal Misc. No. 12868-M of 2003. The exercise shall be concluded within two months from today. However, if the respondent No.2 – Superintendent, District Jail, Kurukshetra, (where the petitioner is presently lodged) finds that the petitioner has indeed undergone the actual 2 Crl. Misc. No. M-34313 of 2008 imprisonment in terms of the policy prevalent on the date of conviction (i.e. 08.08.2002 in this case), he shall unconditionally release the petitioner – prisoner forthwith. That order is being granted, as an interim measure, in order to ensure that the petitioner – prisoner does not undergo continued incarceration in spite of his having undergone the actual sentence in terms of the policy in currency of the date of the conviction. A copy of the order shall be FAXED to the respondent No.2 – Superintendent, District Jail, Kurukshetra. It will be for the State counsel to communicate the order to the Competent Authority. Disposed of accordingly. Copy of the order be given to the learned State counsel under the signatures of the Court Secretary. Order dasti on payment of usual charges. December 24, 2008 ( S.D. Anand ) vkd Judge 3