RAM AVTAR KHATIK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE question that emerges for our consideration in the instant cases is : Whether the sentence is actually continuing to run during emergent parole period ?

(2.) IN Rishipal v. State of Raj. and Anr., D.B. Civil Writ Petition No. 6462/2007 decided on 13.3.2008, it was held that during the parole period, there is no suspension of sentence but the sentence is actually continuing to run during that period also.

(3.) UNDENIABLY , in the Parole Rules, the term "all other kinds of parole" has not been defined. The Constitution Bench of the Supreme Court in Sunil Fulchand Shah v. Union of India, 2000(2) RCR(Criminal) 176 : (2000)3 SCC 409, considered the distinction between 'bail' and 'parole' and indicated thus : "Bail and parole have different connotations in law. Bail is well understood in criminal jurisprudence and Chapter XXXIII of the Code of Criminal Procedure contains elaborate provisions relating to grant of bail. Bail is granted to a person who has been arrested in a non-bailable offence or has been convicted of an offence after trial. The effect of granting bail is to release the accused from internment though the court would still retain constructive control over him through the sureties." The Apex Court further held in Para 27 as under :