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High Court of Punjab and HaryanaCRWP/245/2024disposed of

Kanwal Singh v. State Of Haryana And Others

2025-11-11Mr. Justice Anoop Chitkara2 pages

CRWP-245-2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-245-2024 (O&M) Date of Decision: 11.11.2025 KANWAL SINGH ......... Petitioners

Versus

STATE OF HARYANA AND OTHERS ......... Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. P.R. Yadav, Advocate for the petitioner.

Mr. Atul Gaur, A.A.G, Haryana.

***** ANOOP CHITKARA, J. (ORAL) FIR No.

Dated Police Station Sections 02.04.1999 Khol 302, 34 IPC &25 Arms Act 1.

Aggrieved by the order dated 29.11.2023 (Annexure P-6) whereby the case for pre-mature release of life convict-petitioner (Kanwal Singh son of Net Ram), deferred for re-consideration after completion of period of actual custody undergone by petitioner 14 years and total sentence of 20 years including remission, the petitioner had come up before this Court by filing the present petition.

2.

Counsel for the petitioner submits that the Pre-mature Release Policy, 2002, has been wrongly applied in his case and prayed for re-consideration of his case afresh. Counsel for the petitioner further submits that vide order dated 25.04.2024 passed by a co-ordinate Bench of this Court, interim suspension of sentence had been granted to the petitioner. He prays that the interim order of suspension of sentence may be continued till his case is re-considered.

3.

State counsel submits that the order has rightly been passed because the case of the petitioner for pre-mature release falls under Section 2(a) (10) of the aforesaid Policy, 2002. 4.

Given above, the ends of justice would suffice if the State refers the case of petitioner to the concerned Committee for reconsidering the pre-mature release in accordance JYOTI 2025.11.14 15:39 I attest to the accuracy and integrity of this order/judgment.

CRWP-245-2024 (O&M) with the applicable rules and also by referring to the judicial precedents passed by the Hon'ble Supreme Court. The concerned Committee shall also decide which provision is to be applied and shall give reasons for releasing or not releasing the petitioner pre-maturely. 5.

Given above, present petition is allowed and order dated 29.11.2023 is set aside. Respondent-State is directed to refer case of the petitioner of pre mature release to the concerned Committee for re-consideration without any delay preferably within one month from today. The concerned Committee is directed to take a final decision on the petitioner's case on or before 12.01.2026, order so passed be communicated to petitioner by 20.01.2026. In case, petitioner is not released pre-maturely in that case, the petitioner shall surrender in the concerned prison on or before 25.01.2026 at 11 am. 6.

Interim order dated 25.04.2024 to continue till 25.01.2026 at 11 a.m. and shall eclipse after that automatically. In case of failure of petitioner to surrender, consequence shall follow automatically. All pending miscellaneous applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 11.11.2025 Jyoti-II Whether speaking/non-speaking:

Speaking Whether reportable:

No.

JYOTI 2025.11.14 15:39 I attest to the accuracy and integrity of this order/judgment.