IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 14004 of 2010(O&M) Date of Decision: September 17, 2010. Ishwar Singh ...... PETITIONER(s) Versus State of Haryana and others. ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Varinder Singh Rana, Advocate for the petitioner. Mr. Kshitij Sharma, A.A.G., Haryana. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed under Section 482 of Code of Criminal Procedure for premature release of the petitioner as per the policy dated 04.02.1993 in view of para 2, sub clause (d), wherein it has been mentioned that case of life convicts may be considered for release who suffers from a terminal disease like cancer or AIDS or third stage of TB. I have heard learned counsel for the parties and have gone through the whole record. Petitioner-convict has been undergoing sentence of imprisonment for life in FIR No.139 dated 20.07.1995, under Sections 302 CRM No.M-14004 of 2010 IPC, Police Station N.S. Chopta. His appeal against judgment of conviction was dismissed by this Court on 09.01.2008 in Crl. Appeal No. 824-DB of 1997 and he was re-admitted in Jail to undergo remaining part of his sentence. The SLP filed against the said judgment was also dismissed by Hon’ble Supreme Court on 13.08.2008. Petitioner-convict has undergone total sentence including remissions 7 years 9 months and 7 days as on 20.06.2010 hence, he has not completed the sentence as per law. His release is sought on the ground that he is suffering from a disease which is dangerous to life. However, learned counsel for the State has stated that benefit of release can be given to those who are suffering with disease like AIDS, Cancer or third stage of T.B. and however, petitioner is not suffering from any of the said diseases. The requisite paragraph 2(d) of the policy Annexure P2, reads as under:- “Persons sentenced to life imprisonment inclusive of those convicted of crimes under (a) above and in whose cases death sentence has been commuted to life imprisonment but who suffer from a terminal disease like cancer or AIDs or third stage of TB likely to result in death in the near future.” Hence, as per the said clause of the policy benefit of release can be given to life convict if he is suffering from a terminal disease like cancer or AIDs or third stage of TB likely to result in death in the near future. Perusal of certificate of Civil Surgeon, Sirsa, Annexure P3 shows that as per report of Medical Specialist, petitioner is suffering from Asthmatic Bronchitis. Hence, it is rightly argued by learned counsel for the State that he is not suffering from any of the diseases mentioned in the policy 2 CRM No.M-14004 of 2010 and that hence, he is not eligible for consideration for release under the said clause of the policy. Hence, in view of these facts, no direction can be issued by this Court for premature release of the petitioner-convict, as prayed for. The present petition is dismissed being devoid of any merit. ( RAM CHAND GUPTA ) September 17, 2010. JUDGE 'om' 3