Criminal Misc. No.M-31813 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-31813 of 2008 Date of decision : 5.12.2008 Inder Singh .....Petitioner Versus State of Haryana and another ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. H.S.Jaswal, Advocate for the petitioner. Mr. S.S.Mor, Senior Deputy Advocate General, Haryana S. D. ANAND, J. The petitioner was convicted on 17.4.1997. The petitioner filed the present petition to obtain the invalidation of the impugned order dated 18.9.2008 (Annexure P-5) vide which the competent authority deferred his premature release plea on the premise that the plea aforementioned would be reconsidered on completion of 20 years of actual sentence and 25 years of total sentence in terms of the Government notification dated 13.8.2008. (It is noticed otherwise in the impugned order itself that the petitioner herein had undergone actual sentence of 18 years 2 months and 13 days and total sentence of 20 years and 4 days). Though the learned State counsel is not in a position to contest that the Apex Court had held in State of Haryana Vs. Mahender Singh and others 2007 (4) RCR (Criminal) 909 that the policy prevalent on the date of conviction would be applicable for consideration of premature release case of a convict, he tried to wriggle out of the Criminal Misc. No.M-31813 of 2008 -2- **** predicament by indicating that a review plea in Mahender Singh's case (supra) is pending consideration before the Apex Court. He, however, is not in a position to deny that the judgment in Mahender Singh's case (supra) has not been stayed by the Apex Court till date. In the light fore-going discussion, the petition shall stand allowed to the extent that the competent authority is directed to dispose of the premature release case of the petitioner-prisoner in the light of the Apex Court judgment in Mahender Singh's case (supra) which (judgment) is not indicated to have been stayed by the Apex Court till date). The State Level Committee shall keep this aspect in view. It shall also keep in view that the mere filing of the review plea, in the absence of a stay order, does not enable the Committee to defer the applicability of Mahender Singh's case to the cases of indicated category. The exercise shall be concluded within two months from today. However, in the meantime, the petitioner shall be released on furnishing of adequate surety etc. undertaking return to the law in case so ordered by this Court. That release is being ordered, as an interim measure, in view of the conceded position that he has already undergone actual sentence and total sentence in terms of the policy prevalent on the date of conviction. It will be for the State counsel to communicate the order to the competent authority. Copy of the order be given to the learned State counsel under the signatures of the Court Secretary. December 05, 2008 (S. D. ANAND) Pka JUDGE