STATE OF ANDHRA PPADESH Vs. GANDHAM JAYA

JUDGEMENT

(1.) This writ appeal filed by the State and state authorities is directed against the order of the learned single Judge dated 4.4.2000 made in W.P. No. 4524 of 2000.

(2.) The respondent herein, viz., Gandham Jaya, filed the writ petition praying for a mandamus directing the appellant-authorities to take into account the parole period in counting the total period of sentence of two years imposed on his wife Smt. G.Manga in Crl. A. No. 580 of 1997 by order dated 15.4.1998. The learned single Judge, by the order under appeal, allowed the writ petition and directed-

(3.) We have heard the learned Additional Advocate General, appearing for the appellant-State authorities and Mr. Ch. Dhananjaya, learned counsel for the respondent. We find an error apparent on the face of the order under appeal. There is no controversy that if the authorities were to exclude the period of parole from the total period of sentence, by the time the writ petition was instituted in this Court, the writ petitioner's wife was not entitled to be released because as on that day she admittedly did not serve two years of sentence. Although the order under appeal does not refer to the Judgment of the Supreme Court in Sunil Fulchand Shah etc., v. Union of India and Ors., as could be seen from the affidavit averments, the above relief was sought by the petitioner placing reliance on the above said Judgment of the Supreme Court. The Supreme Court in the above decision held- "That parole does not interrupt the period of detention and, thus that period needs to be counted towards the total period of detention unless the terms for grant of parole, rules or instructions, prescribe otherwise.