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Judgment
Aaradhna Sawhney, J
Petitioner, a convict in case FIR No.208 dated 26.11.2002, under Section 302 IPC, registered at Police Station Indri, District Karnal, has filed the present petition under Article 226/227 of the Constitution of India read with Section 528 BNSS, 2023 for issuance of appropriate direction to the official respondents to release him prematurely, on usual terms and conditions, in accordance with Haryana Government Policy/instructions dated 12.04.2002 (Annexure P-2).
Learned counsel for the petitioner contends that in terms of the judgment dated 14.10.2003 petitioner was convicted by the Ld. Sessions Judge, Karnal, for commission of offence u/s 302 IPC and was sentenced to undergo life imprisonment vide order of sentence dated 15.10.2003. (Copies of the judgment and order of sentence are appended as Annexure P-1). Aggrieved of the said judgment, the petitioner filed the criminal appeal bearing CRA-D-139-DB of 2004 before this Court, which was dismissed on 17.07.2008.
Submission of the learned counsel for the petitioner is that the case of the petitioner for premature release is covered under the Haryana Government Policy/instructions dated 12.04.2002. Further as per learned counsel, petitioner who was 25 years of age at the time of his conviction, is presently aged about 46 years and has undergone long detention of more than 12 years. Primarily with this backdrop, petition has been filed praying therein to issue appropriate directions to respondent to release the petitioner. Prayer has also been made to direct the official respondents to decide the representation dated 15.04.2025 (Annexure P-3).
Notice of the application was given to the State. Detailed reply of the petition has been filed praying therein that case of the petitioner, as of now is not covered under the instructions of the Haryana Government Policy dated 12.04.2002.
After arguing the matter for some time learned counsel for the petitioner submits that official respondents be directed to decide the representation of the petitioner in accordance with law.
Without commenting upon the merits of the case and in view of the limited prayer made by learned counsel for the petitioner, the present petition is disposed of with a direction to the official respondents to decide the representation dated 15.04.2025 (Annexure P-3) in accordance with law.
Disposed of accordingly.