IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Writ Petition No. 1790 of 2010(O&M) Date of Decision: November 25, 2010. Ninder Singh ...... PETITIONER(s) Versus State of Haryana and others. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Vijay K.Jindal, Advocate for the petitioner. Mr. Amandeep Singh, A.A.G., Haryana. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed under Articles of 226/227 of the Constitution of India for quashing the impugned order dated 13.09.2010, Annexure P-5 and for further holding that petitioner has been illegally deprived of the benefits of premature release and that petitioner has become fully entitled to be released forthwith and that further detention has become violative of Articles 14, 19 and 21 of the Constitution of India. Reply has been filed on behalf of respondent-State. CRWP No.1790 of 2010 I have heard learned counsel for the parties and have gone through the whole record. It has been contended by learned counsel for the petitioner that his case is to be considered under clause 2(b) of the policy, Annexure P2, which requires that petitioner has to undergo 10 years of actual sentence including undertrial period and total period of sentence including remissions is not less than 14 years. As per reply filed on behalf State as well, the case of petitioner is required to be considered as para 2(b) of the policy wherein a convict has to undergo 10 years of actual sentence including undertrial period and 14 years of total sentence including remissions. However, it has been stated by learned counsel for the State that he has not completed total sentence of 14 years as he has undergone total sentence of 13 years 10 months and 6 days as on 21.11.2010 and his case will be considered after the completion of requisite period of sentence. Hence, in view of these facts, the present petition is disposed of with direction to respondents to consider premature release case of the petitioner as per ratio of law laid down in State of Haryana and others v. Jagdish and Harpal, AIR 2010 (SC)1690 and in the light of observations of this Court made above, as per the act, the rules and the instructions on the point, within a period of two months on completion of total sentence of 14 years including remissions. Disposed of accordingly. ( RAM CHAND GUPTA ) November 25, 2010. JUDGE 2 CRWP No.1790 of 2010 'om' 3