POLUSANI SAHADEVA RAO Vs. STATE OF A P

JUDGEMENT

(1.) The question involved in all these writ petitioners is whether the convicts can be deprived of the of the right to premature release on the ground that they overstayed during the period when they were released on parole without giving them an opportunity of being heard.

(2.) In W.P.No. 18329/95 the father of the convict contended that his son Doli Pullaiah was convicted under Section 302 IPC and sentenced to life imprisonment. Prior to the sentence during the trial he was in remand for about eight months. He has completed ten years of imprisonment after sentencing him to life imprisonment which includes a remissions. He has actually undergone eight years of actual sentence. During the period of parole he overstayed on account ofhis ill- health (Juandice) and the ill-health of his father. The overstay is for a period of one and half years which is neither intentional nor wilful. Having regard to his conduct in the Jail, the authorities recommended his case for premature release in the year 1994. However, the principal Secretary rejected his case for premature release. The respondents have released one Koti Reddy who over stayed during the period of parole for 501 days and R.K. Ramana Reddy on completion of three years seven months. Therefore, refusing to release the son of the petitioner without assigning any reasons is violative of Art. 14 of the Constitution of India, arbitrary and illegal.

(3.) In the counter-affidavit, it is stated that the convict overstayed 577 days unauthorisedly for which he was punished with a cut of 33 85 days of ordinary remission i.e., 8 days already at his credit and 3377 days to be earned in future. There was no representation from convict as to under what circumstances, he overstayed on parole. In other words, the respondents are justifying the refusal to release him prematurely on the ground that for each day of overstay five days of remission is cut. It is stated that K. Ranga Reddy another convict was released since he has completed actual sentence of 10 years imprisonment and a total sentence of 15 years one month and 16 days as on the date of release excluding the parole overstayal period. As regards R.K. Ramana Reddy no comments were offered.