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2016 DIGILAW 508 (PNJ)

Shimbhu v. State of Haryana

2016-02-08

DAYA CHAUDHARY

body2016
JUDGMENT : DAYA CHAUDHARY, J. 1. This writ petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for issuance of appropriate direction to respondents to consider the case of the petitioner for premature release as per Govt. Policy. 2. Learned counsel for the petitioner submits that the petitioner has undergone actual sentence of 9 years 4 months and 9 days as on 17.11.2015 and in case, the remissions are included, he has completed his total sentence still his case for premature release has not been considered by the authorities. 3. After hearing the arguments of learned counsel for the petitioner and on perusal of documents placed on record, it appears that the petitioner has not approached the concerned authorities and straightway this petition has been filed. 4. Without commenting anything on the merits of the case and without issuance of notice to the other party, the present writ petition is disposed of with a direction to respondents No.2 and 3 to consider the case of the petitioner for premature release by considering this petition as representation and take necessary action in accordance with the policy or instructions regarding premature release applicable to the case of the petitioner within a period of four weeks from the date of receipt of certified copy of this order. 5. Disposed of accordingly.