ANIL KUMAR versus STATE OF HARYANA & ORS.

ANIL KUMAR versus STATE OF HARYANA & ORS.

Section 3(3) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 precludes counting the period of temporary/emergency parole towards the total period of sentence; therefore the petitioner, sentenced to life for offences under Sections 302/34 IPC, must have the period of emergency/interim parole excluded from computation of actual imprisonment and is not entitled to the relief sought; writ petition dismissed.

Parties
Petitioner: ANIL KUMAR; Respondent: State of Haryana & Ors.
Jurisdiction
India
Judgment Date
24 March 2023
Procedural Posture
Writ Petition (criminal) No. 46 of 2022 Under Article 32 / Final Judgment Petition Dismissed
Outcome
Writ petition dismissed
Legal Topics
Parole, Temporary Release, Counting of Parole Towards Sentence, Remission
Criminal Law Constitutional Law Prison Law Statutory Interpretation Parole Temporary Release Counting of Parole Towards Sentence Remission

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Parties

ANIL KUMAR

Petitioner

State of Haryana & Ors.

Respondent

Procedural Posture

Writ Petition (criminal) No. 46 of 2022 Under Article 32 / Final Judgment Petition Dismissed

Legal Issues

  1. 1 Whether period of temporary/emergency parole granted pursuant to High-Powered Committee and Court directions shall be counted towards the total period of sentence of a convict/prisoner.

Ratio Decidendi

Section 3(3) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 precludes counting the period of temporary/emergency parole towards the total period of sentence; therefore the petitioner, sentenced to life for offences under Sections 302/34 IPC, must have the period of emergency/interim parole excluded from computation of actual imprisonment and is not entitled to the relief sought; writ petition dismissed.

Court Disposition

Writ petition dismissed

Orders

  • Writ Petition dismissed.
  • The period during which the convict was released on emergency/interim parole is to be excluded for the purpose of computing actual imprisonment (not to be counted towards the total period of sentence).