JUDGMENT :

SANDEEP MOUDGIL, J.

1. The jurisdiction of this Court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 has been invoked by the petitioner seeking quashing of the impugned order dated 11.12.2023 (Annexure P-8) passed by respondent No. 1 vide which the prayer for grant of premature release has been rejected and passed an order that the petitioner shall remain in jail till his last breath.

2. Mr. Rahul Deswal, Advocate for the petitioner has inter-alia submits that the case of the petitioner is squarely covered under para 2 (aa) (iv) of the Premature Release Policy dated 12.04.2002 (Annexure P-3). According to the said provision, the petitioner has to undergo 20 years of actual sentence and 25 years of total sentence with remission whereas, in the present case the petitioner has undergone more than 24 years of actual imprisonment and 29 years of total imprisonment including remission till date.

3. It is asserted that vide communication No. 11348, dated 29.03.2017 (Annexure P-4), respondent No. 3 has returned the case of the petitioner to respondent No. 2 with a direction to send his premature release case as and when h