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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Jitender @ Jitey – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Manisha Batra, J.
The present petition has been filed by the petitioner under Article 226 of the Constitution of India making prayer for setting aside the order dated 06.08.2024 (Annexure P-2), passed by the respondent No. 1-Additional Chief Secretary, Govt, of Haryana, Jail Department, whereby the case of the petitioner for premature release, as per the policy dated 08.08.2000 (Annexure P-1) as issued by the Govt, of Haryana, had been rejected with an observation that the same will be reconsidered after one year after evaluating his conduct. He has also made prayer for issuance of directions to the respondents to release him on interim bail till the final decision is taken by the competent authority with regard to premature release of the petitioner.
2. As submitted in the petition, the petitioner had been held guilty and convicted for commission of offecnces punishable under Sections 302, 148, 149 of IPC, vide judgment of conviction 2009 and order on quantum of sentence dated 20.02.2022, passed by the Court of learned Additional Sessions Judge, Faridabad in case arising out of FIR No. 661 dated 10.09.1999, registered under Sections 302, 148 and 149 of IPC at Police Statio
The court directed that prisoners eligible under state policy for premature release must be evaluated fairly, without undue reliance on singular opinions, safeguarding against arbitrary treatment.
The discretion to suspend or remit the sentence lies with the State Government, but the decision must be in accordance with the law and not arbitrary. The opinion of the Presiding Judge must fulfill ....
The exercise of executive power of clemency is a duty vested in the Authority for the welfare of the people, and the case of premature release of a life convict is governed by the policy/guidelines o....
Remission in sentence – Sentencing is a judicial exercise of power – Act thereafter of executing sentence awarded, however, is a purely executive function which includes grant of remission, commutati....
The court mandated the reconsideration of a convict's premature release proposal, emphasizing rehabilitation, age, and new evidence over the initial decision to reject it based on the severity of the....
Premature release criteria must consider both the convict's compliance with sentencing policies and their personal circumstances, including health and age, ensuring a holistic approach in decision-ma....
The court established that adherence to the Premature Release Policy is mandatory, and past offenses cannot unjustly impede eligibility for release if the requisite sentence has been served.
Procedural safeguards in remission applications must be strictly followed, and reliance on insufficiently reasoned opinions can render decisions unsustainable.
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