AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER seeks direction to the respondents to include period of parole availed by the petitioner in the total sentence undergone by him and, therefore, to consider the case of the petitioner for release upon completion of period of sentence.

(2.) PETITIONER was sentenced to undergo imprisonment for seven years under Sections 304-B and 498-A, IPC. Prior to his conviction, the petitioner remained as an under-trial prisoner for 8 months and 12 days. The sentence of the petitioner was suspended during the pendency of the appeal in the High Court on 27.7.1991. Upon dismissal of the appeal, the petitioner went back to the jail on 9.5.1997. During the period of sentence, the petitioner has remained for parole for a total period of 203 days upto 31.5.1997. Petitioner has undergone total period of 6 years 10 months and 15 days, if the period of remission/parole is also included. The respondents have filed reply to the petition and stated that the petitioner has actually undergone 6 years and 9 days as on 14.8.2000. The period of parole of 7 months and 6 days has been excluded.

(3.) IN view of the above, it has been held that the period of parole cannot be counted towards the actual sentence undergone by the petitioner. Petition is dismissed. A copy of the order may be given dasti. Petition dismissed.