Criminal Writ Petition No.723 of 2008 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.723 of 2008 Date of decision : 5.12.2008 Dharmender .....Petitioner Versus State of Haryana ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. V.K. Jindal, Advocate for the petitioner. Mr. S.S.Mor, Senior Deputy Advocate General, Haryana S. D. ANAND, J. The petitioner was convicted on 12.6.2000. The petitioner herein had earlier filed Criminal Misc. No. 31.1.2008 which was disposed of by a Coordinate Bench of this Court (M.M.S.Bedi, J.). The Court noticed the reliance placed by the learned counsel for the petitioner upon the judgment rendered by the Apex Court in State of Haryana Vs. Mahender Singh and others 2007 (4) RCR (Criminal) 909 and directed the disposal of premature release plea of the petitioner within two months from the date of receipt of a copy of the order. In compliance therewith, the State Level Committee considered the premature release case of the petitioner on 13.4.2008 and deferred it in view of the fact that “the State Govt. has filed a review petition against the above said orders of the Hon'ble Supreme Court in which the decision is still awaited“. The committee otherwise noticed that petitioner had undergone actual sentence of 11 of years 6 months 27 days and total sentence of 14 years 2 months and 12 days. Criminal Writ Petition No.723 of 2008 -2- *** It is common ground otherwise that, as per the policy prevalent on the date of conviction of the petitioner herein, he would have become eligible for consideration of premature release after undergoing actual sentence of 10 years and total sentence of 14 years which he has presently otherwise done in this case. 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 predicament by indicating that 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 Criminal Writ Petition No.723 of 2008 -3- *** 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 Criminal Writ Petition No.723 of 2008 -4- ***