Criminal Misc. No. M-32856 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-32856 of 2008 Date of decision : 15.12.2008 Baldev Singh .....Petitioner Versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. H.P.S.Aulakh, Advocate for the petitioner. S. D. ANAND, J. Notice of motion. On the asking of the Court, Mr. S.S. Mor, learned Senior Deputy Advocate Genera, Haryana accepts notice on behalf of the respondents. An earlier petition (Criminal Misc. No. M- 2175 of 2008) filed by the petitioner was disposed by a Coordinate Bench of this Court ( Augustine George Masih,J.) on 6.8.2008 by passing the following order:- “Counsel for the State submits that the meeting of the high level committee is fixed for today for reconsideration of the case of the judgments of the Hon'ble Supreme Court and a decision will to be taken very soon. He further submits that the case of the petitioner would be considered in the light of the decision taken by the Committee today and orders be conveyed to the petitioner before 02.09.2008. It would not be out of way to mention here that the counsel for the petitioner relies upon a judgment of the Hon'ble Supreme Court in the Criminal Misc. No. M-32856 of 2008 -2- **** case of the State Vs. Mahender Singh and Others reported as AIR 2007 SCW 6988. This petition is disposed of in the light of the statement made by the counsel for the State and with further direction that the State will take into consideration the aforementioned judgment of the Hon'ble Supreme Court while deciding the case of the petitioner. The decision on the case of the petitioner be conveyed to the petitioner on or before 02.09.2008, as undertaken by the counsel for the State.” The order was not complied with by the competent authority. The petitioner, thereafter, filed Criminal Misc. No.M-30035-2008, which was disposed of by this Court by passing the following orders:- “Learned counsel for the petitioner – prisoner states that he will be content and the interest of justice would be served if a direction is issued to the Competent Authority to consider his premature release plea afresh within 7 days, in the light of the judgment rendered by the Apex Court in State of Haryana Vs. Mohinder Singh and others 2007(4) RCR (Criminal) 909. Learned State counsel has no objection to the adoption of that course. In the light thereof, the petition shall stand disposed of with a direction to the Competent Authority to pass an order afresh on the premature release plea of the petitioner – prisoner, in the light of the judgment rendered by the Apex Court in State of Haryana Vs. Mohinder Singh and others 2007(4) RCR (Criminal) 909. The exercise shall be concluded within one Criminal Misc. No. M-32856 of 2008 -3- **** month from today. 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.” The order afore-mentioned too has not been complied with till date. Learned State counsel informs that in the light of the facts and circumstances of the case, the competent authority shall positively dispose of premature release plea of the petitioner within two months from today. Ordered accordingly. However, in view of the fact that release of the petitioner has been delayed on account of dereliction on the part of the competent authority and for no fault of the petitioner in any case and in view of the conceded position that the petitioner has undergone actual period of sentence as per policy in currency at the time of conviction, it is ordered that the petitioner shall be released forthwith, as an interim measure. The release shall be subject to his furnishing of adequate surety etc. undertaking the return to the law subject to ultimate decision in the matter. 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