Criminal Misc. No. M-26869 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-26869 of 2010 Date of Decision: 07.01.2011 Ranbir ....Petitioner Versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. V.K. Jindal, Advocate, for the petitioner. Mr. Satyavir Singh Yadav, D.A.G. Haryana, for the respondents -State, assisted by Mr. Jagjit Singh, Superintendent, District Jail, Karnal. NAWAB SINGH.J (ORAL) Challenge is to the orders of Financial Commissioner and Principal Secretary to Government, Haryana, Jails Department dated July 27 th, 2010 and Superintendent, District Jail, Karnal, dated August 3 rd, 2010 (Annexures R/2 and R/3 respectively), whereby, Ranbir - petitioner was directed to be arrested to undergo remaining portion of life sentence. 2. Petitioner – Ranbir was sentenced to undergo Imprisonment for Life in case bearing First Information Report No.12 dated January 11 th, 1993 under Sections 302, 304-B and 498-A of Indian Penal Code, Police Station Sampla by judgment of conviction and order of sentence, dated August 4 th, 1994 of Additional Sessions Judge, Rohtak. He filed Criminal Miscellaneous No. M-33950 of 2008 before this Court seeking direction to the State Government to dispose of his case for pre-mature release in view of the order passed in Criminal Miscellaneous No. M-24031 of 2008. Taking into consideration the order passed in Criminal Misc. No.M-24031 of 2008, S.D.Anand, J. directed the petitioner to be “released unconditionally forthwith” by order dated December 23 rd, 2008. For facilitation, operative portion of the order is reproduced as under:- “ In view of the presently conceded position that the review plea preferred by the State of Haryana in Criminal Misc. No. M-26869 of 2010 2 Mahender Singh's case has been dismissed, it is directed that the petitioner shall be released unconditionally forthwith. A copy of this order be FAXED to the District Magistrate, Rohtak and the Superintendent Jail, Karnal where presently the petitioner is lodged. It will be for the State counsel to communicate the order to the competent authority.” 3. Against the said order, State of Haryana filed Special Leave Petition (Criminal) No. 5170 of 2009 before the Hon`ble Supreme Court. The Apex Court dismissed the Special Leave Petition by judgment dated March 22 nd, 2010 rendered in Criminal Appeal No. 566 of 2010 – State of Haryana and others Vs. Jagdish 2010 (2) Recent Criminal Reports (Criminal) 464. 4. In view of this, learned counsel for the petitioner has contended that order of releasing the petitioner unconditionally forthwith has attained finality and as such, the State Government had no power to direct the petitioner to be again arrested to undergo remaining portion of his life sentence particularly when he had already undergone 14 years 1 month and 2 days of actual sentence and 16 years 4 months and 17 days including remissions. 5. In view of above, impugned orders are violative of the order of this Court, which has attained its finality by the Hon`ble Supreme Court in Jagdish's case (supra) and as such, the said order must be implemented. The subsequent orders of re-arrest are obviously illegal and are, therefore, set-aside. 07.01.2011 (NAWAB SINGH) som JUDGE