IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 26712 of 2010(O&M) Date of Decision: December 1, 2010. Surat Singh ...... PETITIONER(s) Versus State of Haryana and another. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. H.P.S.Aulakh, Advocate for the petitioner. Mr. P.M.Anand, Addl.A.G., Haryana. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed under Section 482 of Code of Criminal Procedure for premature release of the petitioner under para 2(a) of the policy dated 04.02.1993 on the plea that he has already completed the sentence. Reply has been filed on behalf of respondent-State. I have heard learned counsel for the parties and have gone through the whole record. CRM No.M-26712 of 2010 Admitted facts are that petitioner is undergoing life imprisonment in FIR No. 43 dated 17.04.1995, under Sections 302/498-A/34 IPC, Police Station Kalanaur, District Rohtak. He was convicted and sentenced by learned Additional Sessions Judge, Rohtak vide judgment dated 04.11.1997. The appeal filed by the petitioner against the said judgment was dismissed by this Court. As per reply filed on behalf respondent-State, petitioner has already undergone 15 years, 5 months and 10 days of sentence and 19 years, 10 months and 16 days of total sentence including remissions minus parole as on 07.10.2010. It has also been stated in the reply filed on behalf of State that the case of petitioner for his premature release is to be considered under para 2(a) of the premature release policy dated 04.02.1993, Annexure R1, existing at the time of conviction, in view of the judgment passed in State of Haryana and others v. Jagdish and Harpal, AIR 2010 (SC) 1690. It has been contended by learned counsel for the State that petitioner could not be released as he had not completed total sentence of 20 years including remissions as on 07.10.2010. However, he has already completed 20 years of total sentence as on today. Hence, in view of these facts, the present petition is disposed of with direction to respondents to reconsider the premature release case of the petitioner in view of ratio of law laid down by Hon’ble Apex Court in Jagdish’s case(supra), within two months from the date of receipt of certified copy of this order. ( RAM CHAND GUPTA ) December 1, 2010. JUDGE 2 CRM No.M-26712 of 2010 'om' 3