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2011 DIGILAW 1221 (SC)

Harpal Singh v. State of Haryana

2011-09-16

H.L.GOKHALE, J.M.PANCHAL

body2011
ORDER : 1. Rule. By filing this petition under Article 32 of the Constitution, the petitioner has prayed to issue a writ of habeas corpus and to set him at liberty forthwith from his illegal detention in the prison beyond 20 years of his sentence. 2. From the record it is evident that the petitioner was involved in a murder case with reference to which FIR No. 46 dated 29.6.1988 was registered u/s 302, 148 read with Section 149 IPC with Police Station Naraingarh. The petitioner with two others was convicted for an offence punishable under Section 302 read with Section 149 IPC and sentenced to life imprisonment and fine of Rs. 10,000/- in default R.I. for 6 months by judgment dated 13.9.1996 passed by the learned Sessions Judge, Ambala. The Criminal Appeal No. 551 D.B. of 1996 filed by the petitioner was dismissed by Punjab and Haryana High Court on 11.1.2001. 3. The case of the petitioner is that Rule 2(f) read with Rule 21 of the Remission Rules framed by the respondent State provides that sentence of life imprisonment is equivalent to imprisonment for 20 years with remissions and as he has undergone 20 years of imprisonment including remissions he is entitled to be released from jail but he has not been released from jail by the respondents. Under the circumstances, the petitioner has filed the present petition and claimed relief to which reference is made earlier. 4. This Court has heard the learned counsel for the parties. 5. The petitioner has produced Jail Custody Certificate dated 20.8.2011 issued by the Superintendent Central Jail, Ambala which indicates that he has undergo imprisonment of 20 years and 11 days. The learned counsel for the State Government does not dispute the correctness of the certificate dated August 20, 2011 produced by the petitioner. As the petitioner has undergone imprisonment of more than 20 years with remissions, this Court is of the opinion that the prayer made in the petition deserves to be granted. Hence, the petition succeeds. The respondents are hereby directed to release the petitioner forthwith from the jail unless his presence in jail is needed with reference to any other case. 6. Rule is made absolute. Appeal dismissed.