BHANWAR LAL GODARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WHETHER provisions contained in the Rajasthan Prisoners Release on Parole Rules, 1958 (for short `parole Rules') can be invoked during the pendency of criminal appeal?' is the short question that arises for consideration in the instant matters.

(2.) THE petitioners during the pendency of criminal appeals sought release on first parole under Rule 9 of the Parole Rules. When they were not so released, these writ petitions have been preferred.

(3.) IN Dadu @ Tulsidas vs. State of Maharashtra (3), their Lordships of the Supreme Court indicated that Parole is not a suspension of the sentence. The convict continues to be serving despite granting of parole under the statute, rules, jail manual or the Government Orders. "parole" means the release of a prisoner temporarily for a special purpose before the expiry of a sentence, on the promise of good behaviour and return to jail. It is a release from jail, prison or other internment after actually being in jail serving part of sentence. Grant of parole is essentially an executive function to be exercised within the limits prescribed in that behalf. It would not be open to the court to reduce the period of detention by admitting a detenue or convict on parole. The court cannot substitute the period of detention either by abridging or enlarging it.