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1984 Supreme(HP) 89

P.D.DESAI, R.S.THAKUR
BIR SINGH – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
P. N. Nag, Advocate General, for Respondents.

JUDGEMENT

P. D. Desai, C.J. :- As observed in the order passed on November 22, 1984, the petitioner had, by that time, undergone substantive sentence of 14 years 11 months and 16 days and total sentence undergone including remission was 21 years and 1 month. The substantive sentence undergone by now is a little over 15 years. The grounds on which the petitioners case for premature release was not recommended to the Government by the Review Committee, were : (1) He was convicted for committing the murder of his father on a slight provocation; (2) There was no occasion to watch his conduct outside jail in view of the fact that parole/furlough could not be granted to him during the entire period of imprisonment because no person was willing to stand surety for him; and (3) The District Magistrate/Superintendent of Police, Kangra did not recommend the case for premature release since the Panchayat apprehended "breach of peace in case he was released.

2. The norms which are prescribed for premature release of prisoners, inter alia, prescribe that the case for premature release may be referred to the Government after certain number of years of imprisonment suffered by different categories





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