(1) SPECIAL leave granted.

(2) THE respondent was convicted for an offence under S. 302/34 Indian Penal Code and sentenced to undergo life imprisonment by the judgment and order dated 28/5/1987. After he had undergone a little more than 8 years of sentence he filed a petition under Section 482 of the Code of Criminal Procedure in the High court of Punjab and Haryana at Chandigarh seeking premature release. The High court by the impugned order dated 18/1/1996 considered the case on its merits and allowed the petition directing the release of the respondent forthwith. The State is aggrieved by the order dated 18/1/1996, hence this appeal.

(3) WE have heard learned counsel for the parties. In our opinion the direction given by the High court was not at all appropriate or permissible in law. The mandate of Section 433 Criminal Procedure Code enables the government in an appropriate case to commute the sentence of a convict and to prematurely order his release before expiry of the sentence as imposed by the courts. Clause (b) of Section 433 Criminal Procedure Code provides that the sentence of imprisonment for life may be commuted for imprisonment for a term not ex