KARAMBIR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. read with Article 21 of the Constitution of India for directions to the respondents to add the period of remission and the period of parole to the actual sentence undergone by the petitioner.

(2.) In the reply submitted by the State it was pleaded that the petitioner had not completed his sentence and the period undergone as on 24.05.2016 was 9 years, 5 months and 6 days. It was pleaded that as per para no. 645 of the Punjab Jail Manual, the total remission awarded to a prisoner can not exceed 1/4th part of his sentence as per extract Annexure R1. It was also pleaded that the parole period cannot be counted towards the total period of sentence as per the provisions contained in Sub Section 3(iii) of the Haryana Goods conduct Prisoners (Temporary Release) Act, 1988 (here-in-after referred to as the Act only).

(3.) In State of Haryana Vs. Naurata Singh, decided on 10.03.2000 in CRA No.933 of 1998 the issue raised was whether the convict was entitled to remission of the period during which he was on bail under the orders of the Court. The Single Judge Bench of this Court had allowed the claim holding that the period accused was on bail should be counted for the purposes of remission. In the appeal preferred by the State of Haryana the Apex Court observed as under:-