JAI SINGH AND OTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of Criminal Misc. 22580-M of 2000, and Criminal Misc. 28926-M of 2000, as common questions of law and fact are involved in these petitions.

(2.) Criminal Misc. 28926-M of 2000 has been filed by accused- petitioner, Gulzar Singh, seeking a direction to the respondents to include the period of parole, availed by the petitioner, in the actual sentence, undergone by him, while Criminal Misc. 22580-M of 2000 is a petition received through jail from various inmates of the jail. For facility of reference, the facts, detailed in Criminal Misc. 22580-M of 2000, which was received from various inmates of the jail, may be narrated.

(3.) In the petition, received from the various inmates of the jail, it was alleged that Hon'ble Mr. Justice Swatantar Kumar of this Court had inspected the District Jail, Karnal, on 15.5.1999 and at that time, various convicts had submitted applications for counting the period of parole towards the actual sentence. The Hon'ble Judge had ordered that the period of parole be counted towards the actual period of sentence. A copy of the order dated 15.5.1999, passed by Hon'ble Mr. Justice Swatantar Kumar was attached along with the said petition. A copy for another order dated 15.12.1999, passed by this Court, was also attached along with the said petition. It was alleged that the orders, passed by Hon'ble Mr. Justice Swatantar Kumar, might be treated for the benefit of all the convicts, so that each convict might not have to approach the Court and valuable time of the Court might be saved. It was accordingly prayed that necessary directions might be issued to include the actual period of parole towards the period of actual sentence undergone by the convicts. The said petition was dated 1.6.2000. Even in the other petition, bearing Criminal Misc. 28926-M of 2000, filed by Gulzar Singh, convict, a similar prayer was made and reliance was also placed on the copy of the order dated 15.5.1999, passed by Hon'ble Mr. Justice Swatantar Kumar and it was prayed that the period of parole might be counted towards the period of actual sentence spent by the petitioner in jail.