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1995 Supreme(P&H) 1176

SAROJNEI SAKSENA
Bachan Singh – Appellant
Versus
State Of Haryana – Respondent


Judgment

1. The petitioner has filed this petition under Section 482 Cr. P.C. and under Articles 226/227 of the Constitution for directing the respondents to initiate and decide his premature release case.

2. The petitioner along with his brother and one co-accused were involved in a murder case. He was arrested on August 4, 1985, and ultimately was convicted and sentenced under Section 302/34 IPC to undergo life imprisonment with a fine of Rs. 100/- and also under Section 324/34 IPC to undergo rigorous imprisonment for three months by judgement dated September 12, 1986. The appeal was dismissed by the High Court. According to the petitioner; up till now he has undergone actual sentence till July 31, 1995, of 9 years 11 months and 28 days, which includes undertrial period of 1 years 1 month and 8 days and actual sentence period of 8 years 10 months and 20 days. He has earned remissions of 5 years and six months. Thus, according to the petitioner, he has undergone total sentence of 15 years 5 months and 28 days uptill end of July 1995. The State of Haryana has issued statutory instructions dated February 4, 1993, Annexure P-2, to grant premature release to life convicts. According to




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