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Hark Bahadur vs State Of Punjab & Ors on 2 November, 2018

CWP 23141-2018 (OM) 1


CWP 23141-2018 (OM)
Date of decision: 02.11.2018
Hark Bahadur

State of Punjab and others

CORAM: Hon’ble Mr.Justice Kuldip Singh

Present: Ms.Naveena Sharma, Advocate for
Mr.Sanjeev Sharma, Advocate for the petitioner
Mr.Karanbir Singh, AAG Punjab

1. Whether Reporters of Local Newspapers may be allowed to see the
judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?

Kuldip Singh, J. (Oral)


Petitioner has impugned order dated 10.12.2015 passed by the

respondents, vide which his case for pre-mature release has been rejected.

It comes out that the petitioner was convicted for an offence

under Sections 302, 377 read with Section 34 IPC. He was sentenced to

death, which was commuted to imprisonment for life under Section 302 IPC

and ten years under Section 377 IPC. The petitioner claims that he has

undergone sentence of 14 years 8 months and 23 days and is entitled to pre-

mature release.

State in the reply has taken a plea that crime committed by the

petitioner is heinous. As per the policy, in case of murder of a child under

14 years of age, the petitioner is not entitled to pre-mature release.

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10-11-2018 23:31:09 :::
CWP 23141-2018 (OM) 2

Learned counsel for the petitioner has failed to show any

ground on which case of the petitioner could be considered for pre-mature


It being so, there is no illegality or infirmity in the impugned

order on 10.12.2015.

Resultantly, the present Writ Petition stands dismissed.

02.11.2018 (Kuldip Singh)
gk Judge

Whether speaking/ reasoned: Yes
Whether Reportable: No

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10-11-2018 23:31:09 :::

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