Criminal Misc. No. M-10698 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-10698 of 2009 (O&M) Date of Decision:29.10.2009 Habib .....Petitioner Vs. State of Haryana and others .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Ms. B.P.K. Brar, Advocate for Mr. P.R. Yadav, Advocate for the petitioner. Mr. Amit Kaushik, Assistant Advocate General, Haryana. **** HARBANS LAL, J. This petition has been moved by Habib under Section 482 of the Code of Criminal Procedure for quashing order dated 15.1.2009 (Annexure P.5) vide which pre-mature release case of the petitioner has been deferred till the completion of 20 years of actual sentence and 25 years of total sentence. The facts in brief are that the petitioner was convicted and sentenced to imprisonment for life under Section 302 read with Section 149 of IPC and was also sentenced to other shorter sentences under Sections 307/323/148 read with Section 149 of IPC by the learned Additional Sessions Judge, Designated Court, Faridabad at Gurgaon vide judgment/ order dated 3.2.1988. He was not convicted under Section 6 of Terrorist and Disruptive Activities (Prevention) Act, 1985. Only accused Hussain Khan and Rashid were convicted under the Arms Act as well as the Criminal Misc. No. M-10698 of 2009 (O&M) -2- Terrorists and Disruptive Activities (Prevention) Act, 1985. On the date of conviction/ sentence of the petitioner, policy dated 27.2.1984 as amended on 28.11.1987 was in force and as per the same, all adult male life convicts were entitled to review of their pre-mature release after completion of 8-1/2 years of substantive sentence and 14 years sentence including remissions. The State Government on 13.8.2008 framed a policy whereby the cases of all life convicts other than the convicts who had committed heinous crime as defined in para No.1 of the above instructions, were to be considered after completion of 14 years of actual sentence and 20 years of total sentence. The petitioner earlier approached this Court for his pre-mature release by filing Criminal Misc. No. M-29849 of 2008 and vide order dated 2.12.2008, this Court directed the respondent to dispose of pre-mature release case of the petitioner within a period of one month. The respondent in compliance with the above said order has deferred the petitioner's pre-mature release case till completion of 20 years of actual sentence and 25 years of total sentence. Order dated 15.1.2009 passed by the Financial Commissioner and Principal Secretary Annexure P.5 is illegal and liable to be set aside on the grounds as enshrined in this petition. In the reply filed by the respondents, it has been averred that the pre-mature release case of the petitioner falls under para (b) of the Premature Release Policy dated 13.8.2008 of the Govt. As per the same, the petitioner has to undergo 14 years actual sentence and 20 years of total sentence including remissions and deducting the parole period. The petitioner has not undergone required sentence as per the above said policy. The petitioner has undergone 14 years, 11 months and 11 days actual Criminal Misc. No. M-10698 of 2009 (O&M) -3- sentence and 18 years 9 months and 18 days of total sentence. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. This petition is disposed of with a direction to the respondents to re-consider the pre-mature release case of the petitioner within a period of three months from the date of receipt of the certified copy of this judgment. October 29, 2009 ( HARBANS LAL ) renu JUDGE