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Bhajan Singh@Fauji ` v. State of Haryana and Ors.

Punjab & Haryana HC17 Feb 2009CRM-M/3037/2009

Case brief

AI extract

What is this about?

In this Criminal Miscellaneous petition filed under Section 482 CrPC, the petitioner sought premature release based on expired government policy active at the time of his 1998 conviction. Relying on Supreme Court precedents, the Court directed the State to consider the petitioner's case under the policy applicable at the time of conviction.

What did the court decide?

Directed respondents to consider the petitioner's case for release under the policy applicable on the date of conviction within one month.

Bhajan Singh@Fauji ` Vs State of Haryana and Ors. — Bail and Remand | Punjab & Haryana HC (2009)

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Criminal Misc. No. M-3037 of 2009

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-3037 of 2009 Date of Decision:17.02.2009

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Bhajan Singh @ Fauji

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.....Petitioner

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Vs.

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State of Haryana and others

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.....Respondents

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CORAM:- HON'BLE MR. JUSTICE HARBANS LAL

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Present:Mr. Hoshiar Singh Jaswal, Advocate for the petitioner.

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Mr. Amit Kaushik, Assistant Advocate General, Haryana. ****

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JUDGMENT

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HARBANS LAL, J.

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This petition has been moved by Bhajan Singh @ Fauji against State of Haryana and others under Section 482 of the Code of Criminal Procedure for directing respondents to consider and decide his case for premature release as per policy prevalent at the time of his conviction.

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Reply filed on behalf of respondents No.1 to 3 is taken on

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record.

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I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. In re: State of

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Haryana v. Mahender Singh and others, 2007 AIR Supreme Court

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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:-

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“We, therefore, are of the opinion that keeping in view the

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Criminal Misc. No. M-3037 of 2009

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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.”

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Adverting to the facts of the instant case, there is no gainsaying the fact that the petitioner was convicted and sentenced on 11.5.1998 in case FIR No.05 dated 31.7.1995 under Sections 302/323/34 of IPC registered at Police Station Cheeka, District Kaithal by the Court of learned Additional Sessions Judge, Kaithal.

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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.

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Disposed of accordingly.

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February 17, 2009 ( HARBANS LAL ) renu JUDGE

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Whether to be referred to the Reporter? Yes/No

Bhajan Singh@Fauji ` v. State of Haryana and Ors.

Case brief

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Bhajan Singh@Fauji ` v. State of Haryana and Ors.

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