Criminal Misc. No. M-34940 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-34940 of 2010 Date of Decision: 07.01.2011 Mohar Singh ....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 August 25 th, 2010 and Superintendent, District Jail, Karnal, dated October 29 th, 2010 (Annexures R/2 and R/3 respectively), whereby, Mohar Singh - petitioner was directed to be arrested to undergo remaining portion of his sentence. 2. Petitioner – Mohar Singh was convicted and sentenced in case bearing First Information Report No.117 dated April 26 th, 1996 under Sections 302, 147, 148 and 149 of Indian Penal Code, Police Station GRP Karnal by judgment of conviction and order of sentence, dated September 6 th, 2001 of Additional Sessions Judge, Panipat. He filed Criminal Miscellaneous No. M- 34332 of 2008 before this Court seeking direction to the State Government to dispose of his pre-mature release case and the said petition was disposed of by order dated December 24 th, 2008 directing the Superintendent, District Jail, Karnal to release the petitioner unconditionally only if he finds that the petitioner had undergone the actual period of sentence, which he was required to undergo under the policy of the State Government, as existed on the date of his conviction, that is, August 8 th, 2000 (Annexure P/2). The Criminal Misc. No. M-34940 of 2010 2 petitioner accordingly was released. 3. Against the said order, State of Haryana filed Special Leave Petition (Criminal) No. 6638 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. Mr. Jagjit Singh, Superintendent, District Jail, Karnal, has urged that the petitioner has fulfilled the conditions laid- down in the policy dated August 8 th, 2000 and that is why, he was released on bail after receipt of the order from this Court. He has also submitted that the petitioner has undergone actual sentence of 11 years 7 months and 5 days and 14 years 10 months and 27 days including the remissions. 5. In view of above, there was no justification in passing the impugned orders, which were obviously illegal, are therefore, set-aside. 07.01.2011 (NAWAB SINGH) som JUDGE