B BHASKAR RAO Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) The petitioner was convicted for the offence under Sections 148 and 302 of IPC in S.C. No.62 of 1982, in the Court of Sessions Judge, Nalgonda. He was sentenced to undergo life imprisonment. Consequently, he was admitted in Central Prisons, Hyderabad, on 24-6-1983. While he was serving the sentence, the petitioner was granted parole twice. On the ground that the petitioner had overstayed the parole, he was awarded certain punishments, such as, cut in remission and denial of certain facilities. Petitioner complains that the punishments so imposed are excessive and that but for the same, he would have been entitled for the benefit under G.O. Ms. No.3 dated 17-1-1995 and other subsequent G.Os., in the matter of premature release from Jail and remission of sentences.

(2.) In the counter-affidavit filed on behalf of the respondents, it is stated that after the petitioner was admitted to jail on 24-6-1983, he was granted parole on 14-5-1984, for a period of one month. It is stated that the period under parole was extended up to 15-3-1985. They allege that the petitioner did not surrender and was apprehended only on 24-3-1989 and thereby over-stayed for 1468 days.

(3.) It is further alleged that the petitioner was granted parole for one month from 13-7-1990, through G.O. Rt. No.1666, dated 8-6-1990. The period was said to have been extended up to 4-9-1990. Instead of surrendering on 5-9-1990, the petitioner had overstayed and that he was apprehended only on 1-7-1999. The period of overstay this time was 8 years 9 months 27 days. It is stated that certain facilities, which were available to the prisoners for good conduct, were denied to him. It is also contended that the petitioner is not entitled to be released in view of the conditions contained in the various Government Orders providing for premature release.