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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Pohlu @Polu Ram – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. This common order shall dispose of all the above mentioned petitions as the issues for determination are similar in all cases.
2. The present petitions are filed under Article 226/227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C') praying for issuance of writ in the nature of mandamus directing the respondents to reconsider and decide the petitioners' case for premature release.
FACTUAL BACKGROUND
3. CRWP -8232- 2022 (Pohlu @Polu Ram): The petitioner was convicted vide judgment dated 27.07.2007 in FIR No. 328 dated 20.09.1995 registered under Sections 302, 120-B, 148, 149 of the IPC and Section 25 of the Arms Act, 1959 at Police Station City Kaithal and sentenced to undergo life imprisonment under Section 302/148 IPC. The petitioner has undergone actual sentence of 12 years, 10 months and 4 days and total sentence (including remission) of 16 years, 8 months and 18 days. The case of the petitioner is covered by Premature Release Policy dated 12.04.2002 which requires 14 years of actual imprisonment and 20 years of total imprisonment with remission for a case to be c
The court mandated fair application of premature release policies for convicts, emphasizing that arbitrary denials infringe upon fundamental rights and must be reasoned.
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....
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 reaffirmed that prior involvement in criminal offenses cannot be grounds to deny premature release under applicable policies.
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.
(1) Remission policy prevailing on the date of conviction, is to be applied in a given case, and if a more liberal policy exists on the day of consideration, then latter would apply.(2) Blanket exclu....
Commission of a jail offence is no legal ground to deny premature release to a convict, especially when the person has been punished for such a misconduct.
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