STATE OF HARYANA Vs. KARAMBIR SINGH

JUDGEMENT

(1.) Leave granted. The short question that arises for consideration is whether the High Court was right in its conclusion in holding that the period for which the convict was released under the provisions of the Haryana Good Conduct Prisoner (Temporary Release) Act, 1988 can be counted for the purpose of the sentence. This question has already been answered by two judgments of this Court in the case of Sunil Fulchand shah v. Union of India and Ors. , as well as in the case of State of Haryana and Ors. v. Mohinder Singh. In view of the specific provision contained in the aforesaid Act under subsection (3) of Section 3 to the effect that the period of release shall not count towards the total period of the sentence of a prisoner, the high Court erred in law in coming to a conclusion to the contrary. In our view, therefore, the period of parole which had been granted to the convict for seven months 24 days could not have been counted for the purpose of sentence.

(2.) Though we hold that the High Court was in error, but in the circumstances of the present case. We are not inclined to direct that the accused respondent shall serve any further sentence, inasmuch as the High Court committed the error on account of the default on the p of the State to bring to the notice of the High Court the relevant provisions and in not filing return.

(3.) This appeal stands dismissed accordingly. Appeal dismissed.