JUDGMENT
HARBANS LAL, J.
This petition has been moved by Har Chand against State of Haryana and others under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India for directing respondents to consider and decide his case for pre-mature release as per policy prevalent at the time of his conviction.
Reply filed on behalf of respondents No. 1 to 4 is taken on record.
I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. In re: State of Haryana v. Mahender Singh and others, 2007 AIR Supreme Court Weekly 6988, the Apex Court has ruled that “A-fortiori, the policy-decision applicable in such cases would be one which was prevalent at the time of his conviction.” Further in re: State of Haryana v. Bhup Singh and others, 2009(1) Recent Criminal Reports (Criminal) 654, the Apex Court while considering an identical question observed as under:-
“We, therefore, are of the opinion that keeping in view the decision of this Court in Mahender Singh (supra), the impugned judgment should be modified directing the appellant to consider the cases of the respondents. It is, therefore, directed that if the respondents have not already been released, the State shall consider their cases in terms of the judgment of this Court in Mahender Singh's case (supra) having regard to the policy decision as was applicable on the date on which they were convicted and not on the basis of the subsequent policy decision of the year 2002.”
Adverting to the facts of the instant case, there is no gainsaying the fact that the petitioner was convicted and sentenced on 26.4.1995 in case FIR No. 237 dated 30.12.1992 under Section 302 of IPC and 27 of Arms Act, registered at Police Station Ratia by the Court of learned Sessions Judge, Hisar.
This petition is disposed of, with the direction to the respondents to consider the case of the petitioner in terms of the aforementioned judgments delivered in re: Mahender Singh and others' case (supra) as well as Bhup Singh and others' case (supra), having regard to the policy decision as was applicable on the date on which he was convicted within one month from the date of receipt of the certified copy of this judgment. If the petitioner's case is covered by the policy decision applicable in his case, he may be released as per rules.
Disposed of accordingly.
February 17, 2009 (HARBANS LAL) renu JUDGE
Whether to be referred to the Reporter? Yes/No