IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-32919 of 2008 Date of Decision: December 15, 2008 Santokh Singh … 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. 57960 & 57961 of 2008 Allowed, as prayed for. Crl. Misc. No. M-32919 of 2008 The validity of the impugned order (declining the premature release case of the petitioner – prisoner) is challenged on an averment that it is violative of the law laid down by the Apex Court in State of Haryana vs. Mohinder Singh, 2007 (4) RCR 909. 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. Crl. Misc. No. M-32919 of 2008 The learned State counsel states that the Competent Authority shall reconsider the premature release case of the petitioner – prisoner in the light of Mohinder Singh’s case (supra) within two months from today. In the light of that averment on behalf of the State, the petition shall stand disposed of with a direction to the Competent Authority to dispose of the premature release plea of the petitioner afresh in the light of the judgment rendered by the Apex Court in Mohinder Singh’s case (supra). However, in view of the fact that the petitioner has concededly undergone actual sentence of 13 years and 15 years total sentence (including remissions), which is far in excess of the period required in terms of the policy in currency at the time the petitioner came to be convicted in case FIR No. 236 dated 20.05.1995, under Sections 302/326/324/148/149 of the Indian Penal Code, it is ordered that he shall be released forthwith as an interim measure. The release shall, of course, be subject to the furnishing of adequate surety etc. by the petitioner – prisoner. 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 State counsel under the signatures of the Court Secretary. December 15, 2008 ( S.D. Anand ) vkd Judge 2