JUDGMENT

Santosh Hegde, J.- In this appeal the State of Haryana is challenging the judgment of the High Court of Punjab & Haryana at Chandigarh rendered in Crl. Misc. No. 2176-M/2000 dated 26.4.2001.

2. Brief facts necessary for disposal of this appeal are that while the respondent was serving a sentence of 7 years RI for having committed an offence of rape punishable under Section 376 IPC, the Government of Haryana, on the eve of the Independence Day, issued a notification dated 14.8.1995 in exercise of its power vested under Section 432 of the Code, granting remission of prison sentence to all convicts except those excluded in the said notification. The said notification excluded such convicts who had been convicted for the offences of rape, dowry death, abduction and murder of a child below 14 years, unnatural offences, robbery, persons sentenced under the Narcotic Drugs and Psychotropic Substances Act (NDPS) , TADA, the Foreigners Act, Passport Act, the persons detained under the detention laws, the persons sentenced under Sections 2 and 3 of the Criminal Laws Amendment Act, the persons convicted under Sections 121 and 130 of the IPC, and the convicts guilty of violation of Jai