SURJEET SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The question, which arises for consideration in this petition is how to compute period of five years bar, prohibiting grant of parole or furlough to convicted hardcore prisoners as provided in Sub Section (2) of Section 5A of the Haryana Good Conduct Prisoners (Temporary Release) Act (later referred to as 'the Act of 1988'), as amended vide Haryana Act No. 16 of 2015. Section 5A of the Act of 1988 reads as follows:-

(2.) Petitioner-Surjeet Singh was convicted and awarded sentence of rigorous imprisonment for ten years vide judgment dated 13.02.2001 in case bearing FIR No. 338 dated 02.10.1996, registered at Police Station Kalanwali, District Sirsa for offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The appeal filed by petitioner was also dismissed.

(3.) As per custody certificate produced by the petitioner as Annexure P-1, he has undergone actual sentence of 5 years 3 months and 21 days as on 17.03.2017, which include under-trial imprisonment period of 6 months 2 days. He moved an application seeking parole to look after his crops, which was declined by Commissioner, Hisar Division vide order dated 14.11.2016 with observation as follows:-