Criminal Misc.No. M- 1933 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No. M- 1933 of 2010 Date of decision:- 28.10.2010 Avtar Singh @ Kalia ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA Present:- Mr. V.S. Rana, Advocate for the petitioner. Ms. Bhavna Gupta, DAG Punjab. RAM CHAND GUPTA J.(Oral) The present petition has been filed under Section 482 Cr.P.C. for setting aside order dated 18.3.2009 (Annexure P-1) passed by respondent No.3, vide which premature release case of petitioner was not recommended and further for issuance of direction to the respondents to release the petitioner prematurely as he has already undergone the requisite sentence alongwith remissions granted to him by the jail department and by Government of Punjab from time to time. I have heard learned counsel for the parties and have gone through the whole record carefully. Perusal of file shows that premature release case of the petitioner was not recommended by Additional District Magistrate, Bathinda vide Annexure P-1. Hence, the same has not been considered by the State Government i.e. respondent No.1. It has been contended by learned counsel for the petitioner that he has already undergone more than 10 years of Criminal Misc.No. M- 1933 of 2010 -2- actual sentence and more than 14 years including remissions and hence, he has become entitled for premature release as per policy of State Government (Annexure R-2). In view of these facts, the present petition is disposed of with direction to respondent Nos.1 and 2 to consider and decide the premature release case of petitioner as per law and instructions on the point within a period of one month from the date of receipt of certified copy of this order. October 28, 2010 ( RAM CHAND GUPTA ) Vijay Asija JUDGE