MANGU SINGH Vs. STATE

JUDGEMENT

(1.) Heard learned Public Prosecutor and considered the parole writ petition. The instant parole writ petition has been sent by the prisoner Mangu Singh from jail. The prayer which has been made in the parole writ petition is that the petitioner after having been convicted for the offence under the Prevention of Corruption Act is undergoing sentence at the Central Jail, Jodhpur. The prisoner has mentioned that he was granted emergent parole of 15 days by the District Collector, Nagaur for aiding in the treatment of his wife. Relying on the decision of this Court in the case of Kishor Singh v. State being S.B. Parole Writ Petition No. 9475/2011 decided on 14.11.20011, the petitioner has submitted that the period of emergent parole granted to him deserves to be counted towards his sentence.

(2.) The state has submitted a reply and a specific plea has been taken in the reply that the emergent parole was granted to the petitioner convict for a period of 15 days each on two occasions i.e. from 24.11.2012 to 8.12.2012 and 10.5.2013 to 24.5.2013. Referring to Rule 12 of the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as Rules of 1958'), it has been mentioned that only those periods of parole which have been granted under Rule 9 can be treated as imprisonment served out by the prisoner and any other type of parole is to be considered as sentence suspended. It has been stated in the reply that since the petitioner was granted emergent parole under Rule 10A of the Rules of 1958, therefore, the said period has to be treated as sentence suspended and cannot be counted towards the imprisonment suffered by the convict.

(3.) Considered the grounds mentioned in the writ petition, the statement made in the reply and the order passed by this Court in Parole Writ Petition No. 9475/2011 as well as the relevant provisions of the Rules of 1958. The Hon'ble Single Bench of this Court whilst considering the case of the prisoner Kishor Singh directed that all the paroles period granted to the prisoner shall be counted towards his imprisonment. Reliance was placed by the Hon'ble Single Bench on the decision of the Apex Court in the case of Sunil Fulchand Shah v. Union of India & Ors., 2000 AIR(SC) 1023 The Hon'ble Apex Court in the aforesaid case observed as under:--