RAM KISHAN HOODA Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAM Kishan Hooda has filed the present petition u/s 482, Cr.P.C. read with Articles 226/227 of the Constitution of India seeking the directions of this Court for the respondents to release him prematurely under the Govt. instructions dated 27.2.1984, Annexure P-1, or under the instructions dated 1.2.1998, Annexure P-2.

(2.) THE case set up by the petitioner in brief is that he was tried for an offence u/s 302, etc. IPC, registered vide FIR 525 dated 24.7.1987 in Police Station, Sadar Rohtak. He was convicted and sentenced to undergo life imprisonment by the court of the Addl. Sessions Judge on 30.7.1988 and since then he is in custody. According to the petitioner as on 25.11.1997, he had spent 10 years 3 months and 20 days in jail by way of actual sentence and besides that earned remissions of 4 years 9 months and 8 days and in this manner, he had served a sentence of 15 years and 28 days. The grouse of the petitioner is that he is not being given the benefit of parole, i.e. 1 year and 3 months and for this reason he is being detained illegally by the respondents.

(3.) AFTER hearing the counsel for the parties, the present petition stands disposed of with the directions to the respondents to add the period of parole of 1 year 3 months and 17 days towards the actual sentence served by the petitioner because when the petitioner remained on parole, he was not a free bird as his movements were supposed to be supervised by the State. He was directed to furnish adequate security. In these circumstances, this period of 1 year 3 months and 17 days will go towards the actual sentence but this period can be deducted from the total sentence. The method which has been adopted by the respondent-authorities is not correct as the period of 1 year 3 months and 17 days has been deducted from the period of actual sentence and the remissions. The yardstick/formula applied by the respondent-authorities will not be correct for the reasons stated above.