Ritu Kumar, learned counsel appearing on behalf of the petitioner has vehemently submitted that the petitioner was released on emergency parole pursuant to the decision taken by the High-Powered Committee constituted as per the directions issued by this Court in SWM (C)
Also Read: https://newslaw.in/case-type/civil/c-a-no-003481-003481-2022-2/
No.
It is submitted that therefore, subsequently in its meeting held on 09.05.2021, the High-Powered Committee could not have taken the decision that the period of release on interim/special parole shall not be counted towards the total period of the sentence of the prisoner/convict. 1
It is vehemently submitted by learned counsel appearing on behalf of the State that in the present case the petitioner – convict has been convicted for the offences under Sections 302/34 of IPC and sentenced to undergo life imprisonment.
It is submitted that thereafter when the emergency parole/temporary parole has been further extended pursuant to the subsequent directions issued by this Court, the High-Powered Committee has specifically provided as per note in the minutes of the meeting that the period of release on interim parole shall not be counted towards the total period of sentence of the convict – prisoner which as such in consonance with the statutory provisions.
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
3 It is further submitted that the issue whether the period of parole is to be counted towards the total period of the sentence of the convict – prisoner is now not res-integra in view of the recent decision of this Court in the case of Rohan Dhungat Etc.
Mohinder Singh (2000) 3 SCC 394, this Court has specifically observed and held that the period of parole should not be counted towards the total period of sentence as when a prisoner is on parole his period of release does not count towards the total period of sentence.
That thereafter, when the emergency parole has been further extended pursuant to the subsequent orders passed by this Court, the minutes/note of the meeting specifically provides that the period of release pursuant to the decision of the High-Powered Committee shall not be counted towards the total period of sentence of the prisoner/convict. 2
In the recent decision of this Court in the case of Rohan Dhungat (supra), this Court had an occasion to consider the similar issue/question and after taking into consideration the object and purpose of parole, it is observed and held by this Court that period of release on parole shall not be counted for the purpose of considering the actual imprisonment and the said period of parole has to be excluded. We are in complete agreement with the view taken by the High Court holding so.”
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
In view of the above and when the petitioner has been convicted for the offences under Sections 302/34 of IPC and sentenced to undergo life imprisonment, he has to undergo the said sentence actually subject to any rule/policy in respect of remission and the period during which he is released on emergency/interim parole has to be excluded for the purpose of actual imprisonment.
Under the circumstances, the present petition lacks merits and the same deserves to be dismissed and is accordingly dismissed.
Case Title: ANIL KUMAR Vs. THE STATE OF HARYANA (2023 INSC 296)
Case Number: W.P.(Crl.) No.-000046 / 2022
