DIPAKKUMAR BHANUPRASAD UPADHYAYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner who is undergoing the sentence of imprisonment for life for the offence under S.302 of the I.P.C., for which he was convicted and sentenced on 5th April, 1996 in Sessions Case No. 49 of 1985 by the learned Sessions Judge, Panchmahal at Godhra, has presented this petition, seeking benefit of the order of His Excellency the Governor of Gujarat dated 14th August, 1997, under which remission to the extent indicated therein, was granted to the prisoners convicted for life imprisonment under S.302 I.P.C., falling in the categories mentioned in the said order.

(2.) When this petition came up for hearing before one of us (Mr. Justice M. S. Parikh), as it appeared that the question, whether the periods of furlough and parole enjoyed by a prisoner can be counted for working out the period of 10 years' imprisonment specified in the said remission order, was of public importance affecting a sizable number of prisoners, the matter was directed to be placed before Hon'ble the Chief Justice for passing necessary order for placing it before a larger Bench, and accordingly, this Full Bench has been constituted to consider the question involved in this petition.

(3.) There is no dispute about the fact that the petitioner was convicted and sentenced for the offence under S.302 I.P.C. on 5th April, 1986. It is also not disputed that if the furlough and parole periods enjoyed by the petitioner are not computed as imprisonment undergone, he would not complete 10 years of imprisonment as on 14th August, 1997. Though the case of the petitioner was that both furlough and parole periods should be considered as imprisonment while computing the period of imprisonment undergone by the petitioner, at the hearing, the learned Counsel for the petitioner submitted that even if only furlough period were to be so computed, the petitioner would have completed 10 years of imprisonment as on 14th August, 1997 and therefore, become entitled to the grant of remission under the order dated 14th August, 1997 made by the Governor under Art. 161 of the Constitution of India.