RAJBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Deputy Advocate General, Haryana for the respondents. I have perused the averments made in the petition and stand taken in the written statement filed by the respondents. By means of this petition filed under section 482 Cr.P.C. read with Articles 226/227 of the Constitution of India, petitioner/convict who is lodged in District Jail, Rohtak where he is serving out sentence of life imprisonment awarded under Section 302 IPC prays for counting the period of parole of 56 days availed from 11.3.1996 to 9.4.1996 and 12.6.1997 to 11.7.1997 towards the sentence. The stand taken by the respondents in the written statement, inter alia, is that under section 3(3) of Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 the benefit of parole cannot be granted towards the total period of sentence of a prisoner. Section 3(3) of the Haryana Good Conduct Prisoner's (Temporary Release) Act, 1988 provide as under :-

(2.) THE interpretation of this section 3(3) came up for consideration before the learned Single Judge of this Court in case of Ramehar v. State of Haryana, 1995(1) RCR page 686 wherein it was held that the period of parole can be taken into account for the purpose of pre-mature release though it cannot be taken into account while computing the total period of sentence. Learned Single Judge held that the period that was spent on parole was to be deducted not from actual sentence undergone but from the total period of sentence i.e. the actual sentence plus remissions earned by the petitioner. The said judgment in Ramehar's case (supra) is of no assistance to the petitioner who seeks the counting of period of release on parole towards the actual sentence. Resultantly the petition is devoid of merit and is dismissed. Petition dismissed.