LALIT KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS Lalit Kumar and Luxmi Chand have filed this etition on the ground that as in the revision petition filed before this Court the sentence of 3 years which was imposed on them by the Sub Judicial Magistrate Ist Class, Ambala on 28.8.1998 while disposing of case F.I.R. No. 297, dated 7.7.1985 under Sections 324 and 326, IPC, was reduced to two years, if the period for which they remained on parole is counted as a part of the sentence, they then are entitled to be released from custody on 7.6.2000 but they apprehend that the respondents will not release them as according to them the period which has been spent by the petitioners on parole cannot be counted as part of the sentence.

(2.) NOTICE of this petition was issued to Advocate General, Haryana and Shri Vijay Dahiya appearing on behalf of the State is unable to dispute the fact that according to the law laid down by the Apex Court in Sunil Fulchand Shah etc. v. Union of India and others, 2000(2) RCR(Crl.) 176 : JT 2000(2) SC 230 and State of Haryana v. Nauratta Singh, 2000(2) RCR(Criminal) 294, the stand alleged to have been taken by the officials of the State cannot be sustained. In Sunil Fulchand Shah's case (supra), the Supreme Court held as under :-