Criminal Misc. No.M-33876 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-33876 of 2008 Date of decision : 22.12.2008 Ram Kumar and others ....Petitioners Versus The State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. V.S.Rana, Advocate for the petitioners S. D. ANAND, J. Notice of motion. On the asking of the Court, Mr. S.S.Mor, learned Senior Deputy Advocate General, Haryana accepts notice on behalf of respondents. It is apparent from the impugned order (Annexure P-7) itself that a Coordinate Bench of this Court directed the competent authority to consider the case of the petitioner in accordance with rules/instructions in the relevant behalf and pass an order within one month. In compliance therewith, the premature release case of the petitioner was taken up by the State Level Committee which, however, deferred the consideration thereof with an observation that it would be taken up on completion of 14 years of actual sentence and 20 years of total sentence as per the Haryana Government instructions dated 13.8.2008. It is common ground that in the light of the judgment rendered by the Apex Court in State of Haryana Vs. Mahender Singh and others 2007 (4) RCR (Criminal) 909, the instructions in currency on the date of Criminal Misc. No.M-33876 of 2008 -2- **** conviction ( instructions dated 4.2.1993 in this case) have to be taken into consideration by the competent authority while deciding the premature release plea of the petitioner. There is no controversy that, as per instructions prevalent at that time (Annexure P-5), a person who has undergone 10 years of actual sentence and 14 years of total sentence is eligible for consideration in the relevant behalf. It is apparent from the material obtaining on the file that the deferment of the premature release case of the petitioner by the State level Committee is not in accord with the law laiddown by the Apex Court in Mahender Singh's case (Supra). It is noticed in the impugned order itself that the petitioner-prisoner has undergone 11 years 7 months and 12 days of actual sentence and 14 years 01 month and 11 days of total sentence (as on 18.9.2008). In the light of the fore-going discussion, the petition shall stand allowed. The impugned order is quashed. The competent authority is directed to consider the premature release case of the petitioner in view of Mahender Singh's case (supra). 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 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. The bonds for the purpose above indicated shall be presented before the District Magistrate concerned who shall pass an order thereupon on the day of presentation itself and forward the papers to the Superintendent Jail concerned for the release of the petitioner. A Criminal Misc. No.M-33876 of 2008 -3- **** copy of the order shall be FAXED to the District Magistrate and the Superintendent Jail concerned. Copy of the order be given to the learned State counsel under the signatures of the Court Secretary. December 22, 2008 (S.D. ANAND) Pka JUDGE