OM PARKASH Vs. HARYANA STATE

JUDGEMENT

(1.) HEARD . Petitioner Om Parkash has filed the present petition praying that he is entitled to the benefit of remission given by the Government vide various circulars during the period when he was on bail i.e. 17.8.1983 to 19.4.1995. The case set up by the petitioner is that he was arrested in FIR No. 221 dated 17.5.1980 registered in police station Ratia under Sections 302, IPC etc. on 30.5.1980. A trial was conducted and the trial Court vide its judgment and order dated 3.10.1981 convicted and sentenced him. He filed an appeal before the Hon'ble High Court, which was dismissed. Later on, he went to the Hon'ble Supreme Court and filed S.L.P. The Hon'ble Supreme Court allowed him bail during the pendency of appeal and he came out from the jail on 17.8.1983. Finally, the appeal of the petitioner was dismissed by the Hon'ble Supreme Court on 19.4.1994. The petitioner submits that he is entitled to the remissions which have been announced by the State Government vide various circulars starting from 17.8.1983 to 19.4.1994.

(2.) THE stand of the petitioner is being disputed by the State on the ground that the petitioner will not be entitled to the benefit of remissions under the various circulars issued during the period when the petitioner was on bail because he was not in actual custody of the State.

(3.) THE learned counsel appearing on behalf of the petitioner has relied upon a judgment of this High Court Mohan Singh v. State of Haryana, reported as 1996(1) Recent CR 671, in which it was held that the petitioner is entitled to the benefit of remissions which were given by the Haryana Government when the petitioner remained on bail pending his appeal and surrendered before the authorities after the dismissal of the appeal. The ratio of the above judgment can be made applicable to the facts in hand also. It was held by the Hon'ble Lordship as follows :-