IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-25654 of 2008 Date of Decision: November 12, 2008 Gulab Singh … Petitioner Versus State of Haryana … Respondent CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present : Mr. V.K. Jindal, Advocate, for the petitioner. Mr. S.S. Mor, Sr. DAG, Haryana. S.D. Anand, J. The petitioner, a lifer, undergoing sentence in case FIR No. 325 dated 27.12.1986, under Sections 302/337/323/148/149 of the Indian Penal Code read with Section 27 of the Arms Act read with Section 6 of the TADA Act, 1985, Police Station Sadar Ambala, filed Crl. Misc. No. 7584-M of 2008 for consideration of his premature release. A Co-ordinate Bench of this Court (Sham Sunder, J.), vide order dated 25.03.2008, directed the respondents to consider and decide the case of the petitioner, for pre-mature release, in Crl. Misc. No.M-25654 of 2008 accordance with the provisions of law, by passing a speaking order, within two months from the date of receipt of a copy of that order. The Competent Authority noticed in the impugned order dated 02.06.2008 (Annexure P/5) that the petitioner had undergone actual sentence for 14 years, 11 months and 22 days (and total sentence for 19 years, 07 months and 24 days), but proceeded to observe that “the premature release case of this life convict falls under section 433-A of Cr.P.C. As per this section a life convict has to undergo 14 years of actual sentence and 20 years of total sentence. Though this life convict has completed his requisite sentence i.e. 14 years actual sentence but he has not completed 20 years total sentence. State Level Committee has recommended to defer the case of life convict Gulab Singh s/o Amar Singh till the completion of 20 years of total sentence.” The learned State counsel states that the Competent Authority would consider the premature release plea of the within seven days from today in the light of the judgment rendered by the Apex Court in State of Haryana vs. Mahender Singh & Ors., 2007(4) RCR (Crl.) 909 . 2 Crl. Misc. No.M-25654 of 2008 The petition shall stand disposed of accordingly. The Competent Authority is directed to dispose of the premature release case of the petitioner in the light of the Mahender Singh’s case (supra) within seven days from today. It will be for the State counsel to communicate the order to the Competent Authority. Disposed of accordingly. Copy of the order be given to the learned State counsel under the signatures of the Court Secretary. November 12, 2008 ( S.D. Anand ) vkd Judge 3