IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-17414 of 2011 Date of Decision : September 06, 2011 Jai Bhagwan ….Petitioner Versus State of Haryana and others …. Respondents CORAM : HON’BLE MR. JUSTICE T.P.S. MANN Present : Mr. A.S. Trikha, Advocate Mr.Sunil Katyal, Senior Dy. Advocate General, Hry. T.P.S. Mann, J. (Oral) According to the petitioner, he was sentenced to undergo three years imprisonment in case FIR No. 170 dated 17.3.2003 of Police Station Bawani Khera. Despite having completed the requisite period, he is still confined behind the bars. In their written statement, the respondents had taken the stand that as of 30.6.2011, the petitioner had undergone a total sentence of 2 years 3 months and 10 days. The said period included remissions of 1 month and 4 days earned uptil 30.6.2011. As he had not completed the sentence imposed upon him, he could not be released from the jail. On 18.8.2011, learned counsel for the petitioner had submitted that the custody period mentioned in para 3 of Criminal Misc. No. M-17414 of 2011 -2- the reply did not contain the period of 18 days spent by the petitioner in the District Jail, Rohtak and 4 days in the Central Jail, Hisar. Moreover, the petitioner had not been granted the special remissions of one month which were granted by the Government to all the convicts in the State of Haryana on 1.11.2005. In reply, learned State counsel had submitted that the petitioner never remained in District Jail, Rohtak during the trial of the case. In support of his stand, he produced letter dated 16.8.2011 received from the Superintendent, District Jail, Rohtak wherein it was mentioned that the petitioner was never admitted in the said jail in case FIR No.170 of 2003 registered at Police Station Bawani Khera. However, learned State counsel prayed for a short adjournment for obtaining instructions as to whether the petitioner remained in Central Jail, Hisar for a period of four days and also whether the petitioner had been granted the special remissions of one month as ordered by the Government of Haryana on 1.11.2005. During the resumed hearing, learned State counsel has submitted that the petitioner remained confined in Central Jail, Hisar from 24.5.2005 to 28.5.2005 whereafter he was transferred to District Jail, Bhiwani. The said period of 4/5 days had been duly reflected in the custody period as Criminal Misc. No. M-17414 of 2011 -3- specified in para 3 of the reply. As regards the remissions granted by the Government of Haryana on 1.11.2005, learned State counsel has produced letter dated 5.9.2011 received from the Superintendent of District Jail, Bhiwani where the petitioner is presently confined. It has been stated therein that the remissions of one month granted by the Haryana Government have now been entered in the record of the petitioner and as on 5.9.2011, the petitioner has earned total remissions of 2 months and 18 days. After taking the same into consideration, the total sentence undergone by the petitioner uptil 5.9.2011 comes to 2 years 7 months and 2 days. The aforementioned position has not been disputed by learned counsel for the petitioner. In view of the same, it cannot be said that the petitioner has since completed the sentence of three years imprisonment imposed upon him. Therefore, no directions can be issued, at this stage, for the release of the petitioner. Once he completes the requisite sentence and on deposit of payment of fine, if not already deposited, he shall be released by the jail authorities, unless wanted in any other case. The petition is, accordingly, disposed of. ( T.P.S. MANN ) September 06, 2011 JUDGE satish