BEER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. read with Article 226/227 of Constitution of India filed by the petitioner -convict undergoing life imprisonment in Central Jail, Hissar seeks issuance of a direction to the respondent authority for counting the period spent on parole towards the actual sentence and secondly for taking into consideration the various remissions granted by the Government of Haryana to the convicts, to the petitioner also notwithstanding the fact that he had been on bail during that period under the orders of this Court and that of the apex Court. It has also been prayed that the case of the petitioner for premature release on the ground of illness be expedited.

(2.) THE respondents appeared in response to the service of notices issued in this case and has filed written statement of Sh. Randhir Singh Ahlawat, Superintendent, Central Jail, Hissar wherein it is not disputed that the case of the petitioner - convict for premature released on medical ground is under consideration of the Government. The remaining relief has been contested. Learned counsel for the petitioner has today stated that the petitioner could not press his claim regarding the earning of the remissions granted by the State of Haryana from the date the petitioner was convicted and sentenced and his prayer to that extent be treated as not pressed. The aforesaid period during which the claim of permissions is being not pressed is the period during which the petitioner was on bail under order of this Court and the apex Court.

(3.) SO far as the counting of the period spent on parole towards the actual sentence is concerned, reliance has been placed on the judgment of the learned Single Judge of this Court, a copy of which has been annexed as annexure P5 passed in Crl. M.No. 6175 -M of 1995 Nath Singh v. State of Haryana and two others. The learned Single Judge after considering the authority cited before him which included the case of Fakir Singh v. State of Punjab, 1988 (1) RLR 558: [1988(l) All India Criminal Law Reporter 2 (Pb. and Hry.)] and Karam Singh v. State of Himachal Pradesh, 1994(2) RLR 28 and lastly the case of Hazara Singh v. State of Haryana, Crl. M. No. 4258 -M of 1995 decided on 8.5.1995 held that the period spent by the prisoner on parole is not to be excluded from the actual sentence undergone by the prisoner. The position of law on this point has not been controverted and no authority expressing a contrary view has been cited at bar.