IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-33648 of 2008 Date of Decision: December 19, 2008 Rajesh Kumar … Petitioner Versus State of Haryana. … Respondent CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present : Mr. Vijay K. Jindal, Advocate, for the petitioner. S.D. Anand, J. (Oral) Crl. Misc. Nos. 59296 & 59297 of 2008 Allowed, as prayed for. Crl. Misc. No. M-33648 of 2008 Notice of motion. On the asking of the Court, Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, accepts notice on behalf of the State. An earlier petition (Crl. Writ Petition No. 1393 of 2007) filed by the petitioner – Rajesh Kumar was disposed of with the following directions by a Coordinate Bench of this Court on 11.02.2008:- Crl. Misc. No. M-33648 of 2008 “It is contended by the learned Counsel for the petitioner that the case of the petitioner for premature release may be considered in light of judgment of the Apex court rendered on 02.11.2007 in the Crl. Appeal No. 30 of 2005 titled as State of Haryana Vs. Mahender Singh and Ors. It is directed that the case of the petitioner for premature release case be decided expeditiously preferably within four months from the date of receipt of a certify of this order i.e. before 01.07.08.” In compliance with that order, the State Level Committee considered the case for premature release of the petitioner – prisoner but deferred it on a finding that the State had filed the SLP for seeking clarification of judgment rendered by the Apex Court in State of Haryana Vs. Mahender Singh and others. That deferment was invalidated by this Court vide order dated 30.10.2008 in Crl. Misc. No.M-19599 of 2008 (Naresh Vs. State of Haryana and another). The petition shall stand disposed of, with a direction to the Competent Authority to consider the premature release case of the petitioner – prisoner in the light of the observations made by this Court in the course of paragraph nos. 9 and 10 in Crl. Misc. No. M-19599 of 2008 (Naresh Vs. State of Haryana and another, decided on 30.10.2008). The exercise shall be concluded within two months from today. 2 Crl. Misc. No. M-33648 of 2008 However, in the facts and circumstances of the case noticed in the foregoing paras of this order, it is ordered that the petitioner – prisoner shall be released forthwith, as an interim measure. The release shall, of course, be subject to the furnishing of adequate surety etc. by the petitioners – prisoners undertaking the return to law if so ordered by this Court. It will be for the learned State counsel to communicate the order to the Competent Authority. Copy of this order be given to the learned counsel for the State counsel under the signatures of the Court Secretary. December 19, 2008 ( S.D. Anand ) vkd Judge 3