DALIP Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD the learned counsel for the par ties. The short question which falls for consideration in this case is whether the period spent by the petitioner on parole can be included in the total period of imprisonment undergone by him or not. This question has been squarely answered by Sat Pal, J. in Criminal Misc. No. 6138 -M of 1995 Partap v. State of Haryana and Anr. After discussing the law on the subject, Sat Pal, J. held as under: "From this it is evident that it was held in this case that the time spent on parole by, a prisoner, can be included in the period of imprisonment undergone by him while calculating actual sentence undergone but the said period cannot be included while calculating the total period of imprisonment. This view has been consistently followed in the subsequent two judgements in cases of Hazura Singh v. State of Haryana & Ors., Cri. Misc. No. 4258 -M of 1995, decided on 8th May, 1995 and Natha Singh v. State of Haryana & Ors., Cri. Misc. No. 6175 -M of 1995, decided on 26th May, 1995. In view of three earlier decisions rendered by this Court and the judge -mentrendered by a Division Bench of Himachal Pradesh High Court, I direct the respondents to reconsider the case of the petition in the light of the judgement of this Court in case of Faqir Singh v. State of Punjab & Anr., 1988 (1) Recent Criminal Reports 558" Para.In this view of the matter, it is directed that the respondents shall consider the case of the petitioner in the light of the said judgements and pass an appropriate order within six weeks from the date of the receipt of copy of this order.

(2.) THE petition is disposed of in the above terms. There shall be no order as to costs. .