OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this case, the petitioner was arrested on 4th April, 1981. In the case FIR No. 42, dated 3rd March, 1981, registered under sections 395/396/397/412 Indian Penal Code, at Police Station G.R.P. Rewari, the learned Additional Sessions Judge, Gurgaon, by this order, dated 24th October, 1981, sentenced the petitioner to imprisonment for life under Sections 395 and 396, Indian Penal Code and to undergo rigorous imprisonment for 7 years under Section 412, Indian Penal Code. It was stated in the judgment that all the sentences shall run concurrently.

(2.) THE present petition has been filed by the petitioner under Article 226/227 of the Constitution of India, and under Section 482 of the Code of Criminal Procedure (in short, the Code) and in this petition it has been stated that the petitioner is entitled to be released prematurely in terms of the instructions, dated 4th February, 1993, framed by the Government of Haryana as he has already undergone the minimum actual sentence of 14 years and has also undergone the total period of 20 years.

(3.) MR . Talwar, learned counsel appearing on behalf of the petitioner, submits that in terms of the law laid down by this Court in various judgments including the one in the case, Faqir Singh v. State of Punjab, 1988(1) Recent-CR 558, the period of parole cannot be excluded for calculating the actual period of sentence undergone.