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1994 Supreme(P&H) 666

V.K.JHANJI
Subhash – Appellant
Versus
State Of Haryana – Respondent


Judgment

V.K.Jhanji, J.

1. Petitioner Subhash who is undergoing life imprisonment in Central Jail, Ambala, has filed this petition under Section 482, Cr.P.C. read with Articles 226 and 227 of the Constitution of India for his premature release.

2. According to the petitioner, as on 15.7.1994, he has undergone 12 years 10 months actual sentence and also earned 1 year 10 months and 29 days remission apart from the period he was temporarily released on parole.

3. The case of the petitioner for premature release has been rejected on the ground that during confinement in jail, the petitioner has committed 19 jail offences in different jails for which he has been duly punished by the competent authority. Thus, according to the respondent, premature release case of the petitioner falls under para 2(a) of the latest Government instructions dated 4.2.1993 and the petitioner will be eligible for his premature only after completion of 14 years actual sentence including the under trial period and after earning 6 years remissions.

4. It has been held in Lila Singh v. State of Punjab, 1988(1) RCR 28 that reasoning given in the order declining premature release to the petitioner-convict that he ha



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