DUNI CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed for grant of the following substantive relief:

(2.) The petitioner has been convicted and sentenced under Ss. 302, 201, 376 and 364 of the Indian Penal Code vide judgment dtd. 2/11/2023 passed by learned Additional Sessions Judge, Sarkaghat, District Mandi, H.P. Presently, he is undergoing imprisonment at Model Central Jail, Kanda, District Shimla, H.P. and has admittedly undergone sentence of 8 years, 4 months and 3 days including remission as on 12/4/2024.

(3.) The sole ground on which the application of the petitioner for grant of parole has been rejected is that even though he has undergone the aforesaid sentence, however, the entire period of custody is only as an under-trial, whereas, he has not even completed one year after his conviction and imprisonment which is mandatory as per Para 19.12 of the Prison Manual, 2021, which clearly provides that the convicts are eligible for release on parole and furlough on completion of one year of actual imprisonment to be counted from the date of admission to prison.