AMRIK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was convicted for an offence under Section 302 of the Indian Penal Code and was awarded sentence of five years R.I. by the trial Court. He challenged his conviction by way of filing a criminal appeal No. 11/SB of 1986 in this Court. His appeal was dismissed on merit but sentence of five years R.I. awarded by the trial Court was reduced to that of two years. The petitioner surrendered before the jail authorities on 18.3.1991 before approaching the Hon'ble Supreme Court of India in SLP which in due course was also dismissed. So besides having spent days in judicial custody during the trial, the petitioner is undergoing imprisonment in Central Jail, Ambala since 18.3.1991.

(2.) THROUGH this petition, the petitioner has sought a mandamus from this Court directing the respondent to give benefit of 120 days of remissions, awarded on 28.8.1987 and 17.3.1988 so granted to all the detenus by the then Government headed by Ch. Devi Lal as Chief Minister of Haryana. In support of this prayer of his, the petitioner has placed reliance on the instructions of the Government dated 16.3.1988, which have been filed as Annexure R.1. by the State with its reply.

(3.) A bare reading of this para of the instructions makes it clear that any detenu who was on parole/furlough from jail on 25.1.1988 was also entitled to remissions as granted to other detenus by the Government, headed by Ch. Devi Lal. The parole and furlough are granted by the jail authorities. Bail is granted while suspending the sentence by the appellate Court. As such, a detenu's being on parole/furlough is identical with his release on bail till the final decision of the appeal against the order of conviction passed by the appellate Court.