ABDUL KHALIQ Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been filed under Article 226 of the Constitution for quashing the order of cancellation of the remission contained in Annexures 1 and 2.

(2.) THE petitioner was a convict under Section 304 (1) IPC and the sentence ultimately imposed upon him was four years' R. I. According to the petitioner he has remained in jail for 3 years, 5 months and 7 days but in view of remissions earned by him, the entire term stands served out and he could not be detained in jail any further. But on the order of the State Govt. Annexure 1 as modified by Annexure 2 the jail authorities did not release him as a major part of the remissions earned by him has been cancelled by the Government for overstay after release on parole. THE contention of the petitioner is that the State Government has no such power and in any case he was also not given any opportunity to show cause against the proposed order.

(3.) IN the present case, the suspension of sentence (which is sometimes known as parole also if it was for a specific purpose) was granted to the petitioner subject to certain conditions. The conditions on which parole was granted to the petitioner are mentioned in the release order quoted in para 5 of the counter affidavit of the State Government. One of the conditions of this release order, namely no. 6, which is relevant for the purposes of this case is :-