Criminal Misc. No.M-28777 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-28777 of 2008 Date of decision : 15.12.2008 Gurdip Singh @ Raju .....Petitioner Versus State of Punjab etc. ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. S.S.Rana, Advocate for the petitioner. S. D. ANAND, J. Notice of motion. On the asking of the Court, Ms. Manjari Nehru, Deputy Advocate General, Punjab accepts notice on behalf of the respondents. The competent authority declined the premature release plea of the petitioner vide impugned order dated 16.7.2008 (Annexure P-2) by noticing that the petitioner has to undergo actual period of sentence of 12 years and total period of sentence of 18 years before he can be considered for premature release. It was noticed in the impugned order itself that as per jail roll dated 19.7.2007 furnished by the Director General of Police (Jails) “the convict has completed actual sentence of 11 years 03 months 29 days and 18 years 09 months 03 days with remission after excluding parole period total sentence.” It is, thus, apparent that the petitioner-prisoner has presently undergone actual and total period of sentence which, as per own view of the competent authority, he has to undergo before being eligible for consideration of the plea of premature release. Criminal Misc. No.M-28777 of 2008 -2- **** The petition shall stand allowed accordingly. The competent authority is directed to dispose of the premature release plea of the petitioner within one month from today. However, in the peculiar facts and circumstances of the case, the petitioner shall be released on furnishing of adequate surety etc. undertkaing 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 petitioner-prisoner 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 15, 2008 (S.D. ANAND) Pka JUDGE