Punjab-Haryana High Court
Jagbir Singh vs State Of Haryana And Others on 23 December, 2008
Criminal Writ Petition No.1343 of 2008 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Writ Petition No.1343 of 2008
Date of decision : 23.12.2008
Jagbir Singh ....Petitioner
Versus
State of Haryana and others ...Respondents
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. Jagdeep Singh, 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 General, Haryana accepts notice on behalf of the respondents.
The petitioner-prisoner was convicted on 14.8.1996. As per the policy in currency on that date, his case for premature release was to be considered after undergoing actual sentence for a period of ten years and total sentence for a period of 14 years. It is apparent from the record that the petitioner-prisoner had undergone actual sentence for a period of 10 years and also total sentence for a period of more than 14 years. In terms of the judgment rendered by the Apex Court in State of Haryana Vs. Mahender Singh and others 2007 (4) RCR (Criminal) 909, the policy in currency on the date of conviction was to rule the roost.
The petitioner-prisoner filed a representation addressed to respondent no.2 on 11.9.2008 (Annexure P-4) for consideration of his premature release plea but no action is being taken thereupon till date.
It is common ground that review plea preferred by the State of Criminal Writ Petition No.1343 of 2008 -2- **** Haryana in Mahender Singh's case has been dismissed by the Apex Court. In the light thereof, it is apparent that the continued incarceration of the petitioner amounts to wrongful confinement.
The petition shall stand disposed of with a direction to the competent authority to consider the premature release case of the petitioner in view of Mahender Singh's case (supra) within two months from today.
However, in facts and circumstances of the case, it is directed that the petitioner shall be released unconditionally forthwith today itself. A copy of this order be FAXED to the District Magistrate and the Superintendent Jail, Karnal where presently the petitioner is lodged. The District Magistrate concerned shall report the compliance of the order to the Registry of this Court. In case of non-compliance of the order, the District Magistrate and the Superintendent Jail, Karnal shall appear in person in Court tomorrow i.e. 24.12.2008. 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 23, 2008 (S.D. ANAND) Pka JUDGE