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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Krishan – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.
Present criminal writ petition is filed by the petitioner who is undergoing sentence of imprisonment for life, seeking direction to the respondents for his premature release from custody as per policy dated 12.04.2002 framed by the Haryana Government regulating the premature release of prisoners. The petitioner is convicted under Sections 376(1)(g) and 302/34 of IPC, & sentenced to imprisonment for life, by the Court of Additional Sessions Judge, Hisar vide Judgment dated 02.12.2003 and order of sentence dated 06.12.2003 respectively, arising out of FIR No.264 dated 24.10.2001 registered at Police Station Sadar, Hansi.
2. Perusal of the record of the case shows that the case of the petitioner for premature release was considered by the State Level Committee on 02.02.2022. The State Level Committee held the petitioner not entitled to be extended the benefit of premature release and in agreement with the decision of State Level Committee, the Additional Chief Secretary to Government of Haryana, Jails Department, vide order dated 04.03.2022 (Annexure P-4), rejected the case of the petitioner for premature release.
3. Challenging the order (Annexure P-4), dated 0
The court clarified that state policies for premature release must be applied equitably, implicating constitutional guarantees against arbitrary treatment.
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.
The central legal point established in the judgment is the need to consider a convict's conduct and antecedents while in jail, rather than solely relying on age or the gravity of the original crime, ....
Premature release is not an inherent right of a convict and is subject to the discretion of the State Government based on various factors including the conduct of the convict in jail and the nature o....
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....
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.
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