Mr. R.P. Nagrath, J.: - While hearing the instant Criminal Writ Petition under Article 226 of the Constitution of India, learned Single Judge recorded discordant note to the earlier judgments passed by this Court on specific issues and referred the matter to the larger Bench by formulating following two questions:

1. Whether the petitioner is entitled to release under the Probational Release Act in the year 2012 when the Act itself has been repealed by State of Haryana in the year 2001?

2. Whether the petitioner who has been convicted for an offence under Section 304-B IPC is entitled to release under the provisions of the Probational Release Act and the rules framed thereunder ?” This is how the matter is before us.

2. The matter arose on a petition for quashing the order dated 16.11.2011 Annexure P/8, passed by respondent No.1 deciding the prayer of petitioner for conditional release on licence under Good Conduct Prisoners’ Probational Release Act,1926 ( in short the ‘Act of 1926’) read with Good Conduct Prisoners’ Probational Release Rules, 1927 ( for brevity the ‘Rules of 1927’) .

3. The petitioner was convicted of the offences punishable under Sections 304-B and 498-A