JINDA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner herein seeks the advantage of period of parole towards the actual sentence undergone by him. He remained in custody as an under-trial for 1 year and 3 months. On 17.1.1996, when he was sentenced to undergo the imprisonment for 10 years, he was further remanded to judicial custody. Uptil 20.4.2006, he served a total period of 7 years 9 months and 11 days in jail including the under-trial period of 1 year and 3 months. The petitioner also earned remission for a period of 2 years 6 months and 22 days making it a period of 10 years 4 months and 3 days. During his stay in jail as a convict, he availed of parole on a number of occasions and the total period for which he was released on parole was 6 months and 16 days. After deducting the parole period, the actual sentence undergone by the petitioner, thus, came to be 9 years 9 months and 17 days uptil 20.4.2006.

(2.) ACCORDING to the learned counsel for the petitioner, if the parole period is not excluded from the total sentence undergone by him, he has completed the requisite sentence of 10 years imprisonment and deserves to be released from custody forthwith. However, according to the petitioner, the respondents are denying him the period spent by him on parole by deducting it from the total sentence undergone by him. In support of the said contention, learned counsel for the petitioner has placed reliance upon a judgment passed by this Court in Duni Ram v. State of Haryana and another, Criminal Misc. Petition No. 19131-M of 2004, decided on November 23, 2004 (Annexure P-1). The emphasis has been laid on the concluding paras of the said judgment which are reproduced hereinbelow :-

(3.) I have perused the entire record of the case and heard the arguments.