High Court Grants Interim Bail to Couple Convicted of Killing Eight Family Members in 2001

The Punjab and Haryana High Court has ordered the interim release of Sonia and her husband Sanjeev Kumar, who were convicted of killing eight members of Sonia’s family in August 2001. The court simultaneously directed the Haryana government to reconsider their premature release application within two months, strictly in accordance with the applicable remission policy.

Background of the 2001 Hisar Mass Murder Case

On the night of August 23, 2001, eight members of the Punia family were killed at their farmhouse on the outskirts of Hisar. The victims included:

• Relu Ram Punia (50), former MLA of Barwala constituency
• Krishna Devi (41)
• A 14-year-old daughter
• Sunil Kumar (23), son from first marriage
• Daughter-in-law Shakuntala Devi (20)
• A 4-year-old grandson
• Two granddaughters, including a two-month-old infant

According to the prosecution, Sonia and Sanjeev retrieved an iron rod from the garage after midnight and murdered the family members individually in separate rooms while they were asleep. The alleged motive was a property dispute between Sonia and her brother Sunil.

Events Following the Discovery of the Crime

The next morning at approximately 8 a.m., Sonia was found unconscious in her room after allegedly consuming poisonous substance. The murders came to light only after neighbours informed the authorities when the family failed to respond.

A birthday celebration for the 14-year-old daughter had taken place earlier that evening, making the murders particularly shocking to the community.

Trial Court Verdict and Subsequent Appeals

In May 2004, the trial court in Hisar sentenced both Sonia and Sanjeev to death.
In April 2005, the Punjab and Haryana High Court commuted the death sentence to life imprisonment while hearing the reference sent by the sessions court.

However, in February 2007, the State of Haryana appealed, and the Supreme Court reinstated the death sentence, reversing the High Court’s commutation.

A review petition filed by the convicts was dismissed in August 2007.
The couple’s mercy petition before the Governor was rejected in October 2007, and a second mercy petition before the President was dismissed in July 2013.

In January 2014, the Supreme Court commuted the death sentence to life imprisonment, citing prolonged delay in the disposal of the mercy petition.

Custody Period and the Premature Release Application

The convicts have undergone over 23 years and 10 months of actual imprisonment and more than 28 years and 10 months including remission.

Under the Haryana Premature Release Policy of April 2002, applicable to them:

• A life convict must complete 20 years of actual imprisonment
• And 25 years including remission

Both conditions have been fulfilled by Sonia and Sanjeev.

However, in August 2024, the Haryana government rejected their plea for premature release, directing that they remain incarcerated for the rest of their natural lives. This order was based on the recommendation of a state-level committee.

The convicts challenged the order before the High Court.

High Court’s Findings on the Premature Release Decision

Justice Surya Partap Singh held that the competent authority had exceeded its jurisdiction. Key findings included:

• The authority acted with a prejudiced mind while rejecting the premature release plea.
• It improperly assessed the quality of evidence from the original murder trial, which it had no jurisdiction to evaluate.
• The role of the competent authority and the committee is limited to interpreting the policy—not to re-decide the merits of conviction.
• Since the Supreme Court had already determined the sentence, the committee had no authority to enlarge the period of incarceration beyond the policy framework.

The High Court referred to the rejection order as “patently perverse, illegal and unsustainable”.

Directions Issued by the High Court

The High Court:

  1. Set aside the rejection order passed by the Haryana government.

  2. Directed reconsideration of the couple’s premature release strictly in accordance with the 2002 policy.

  3. Ordered that a fresh decision must be taken within two months.

  4. Granted interim bail to both convicts until the government’s decision is finalised.

Relevant Statutes and Constitutional Provisions

The case touches upon several legal provisions:

1. Indian Penal Code (IPC)

Sections applicable during conviction include Section 302 (murder) and related provisions concerning unlawful assembly, conspiracy, and common intention where applicable.

2. Code of Criminal Procedure (CrPC)

• Section 432: Power of the government to remit or commute sentences
• Section 433: Power to commute sentence
• Section 433A: Restriction on premature release of life convicts
• Section 435: Consultation with the central government where appropriate

3. Constitution of India

• Article 72: President’s power to grant pardons, reprieves, respites or remission
• Article 161: Governor’s pardoning power
• Article 21: Right to life and personal liberty, which includes humane conditions of imprisonment and reasonable consideration of remission claims

4. Haryana Premature Release Policy, 2002

The key statutory framework in this case determines eligibility based on actual sentence served and remission-adjusted duration.

Judicial Precedents Relevant to the Case

Swamy Shraddananda v. State of Karnataka (2008)

Upheld the principle that courts may impose long fixed-term sentences in place of death penalty but cannot substitute executive remission powers.

Union of India v. V. Sriharan (2016) (Constitution Bench)

Clarified the scope of remission, commuting authority, and judicial limits on executive powers.

Shatrughan Chauhan v. Union of India (2014)

Held that undue delay in disposal of mercy petitions is a valid ground for commuting the death penalty.

These precedents guide the boundaries of executive remission and the requirement of fairness in sentence review.

Conclusion

The High Court’s order emphasises that authorities must strictly adhere to remission policy frameworks and cannot introduce subjective considerations or re-evaluate settled judicial findings. The ruling underscores the principle that life convicts are entitled to fair, policy-based consideration for premature release, especially after completing the statutory minimum sentence.

The case also illustrates the vital balance between state authority, judicial oversight, and constitutional guarantees as part of India’s criminal justice system.


Location: Pune, Maharashtra, India

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