Rohan Dhungat and Ors. vs. The State of Goa and Ors. - (Supreme Court) (05 Jan 2023)

Period of parole is to be excluded for the purpose of considering actual imprisonment

MANU/SC/0012/2023

Criminal

The original Petitioners are all convicts undergoing life imprisonment. The original writ Petitioners have preferred the present Petitions feeling aggrieved with the impugned judgment and order passed by the High Court by which, the High Court has dismissed the said writ petitions holding that, the period of Parole is to be excluded from the period of sentence while considering the 14 years to actual imprisonment for the purpose of premature release.

The short question which is posed for the consideration of present Court is whether the period of parole is to be excluded from the period of sentence under the Rules, 2006 while considering 14 years of actual imprisonment for the purpose of premature release?

Parole is a conditional release. Parole can be granted in case of short-term imprisonment. Duration of parole extends to one month. Parole is granted by the State Government. For parole, specific reason is required. Parole can be granted for number of times. Section 55 of the Prisons Act, 1894 shall not be applicable with respect to release on parole. Section 55 of the Prisons Act, 1894 shall be applicable in a case where a prisoner is taken out from any prison, he shall deem to have been in prison. However, the same shall not be applicable with respect to release on parole.

If the submission on behalf of the prisoners that, the period of parole is to be included while considering 14 years of actual imprisonment is accepted, in that case, any prisoner who may be influential may get the parole for number of times as there is no restrictions and it can be granted number of times and if the submission on behalf of the prisoners is accepted, it may defeat the very object and purpose of actual imprisonment. For the purpose of considering actual imprisonment, the period of parole is to be excluded. Petitions dismissed.

Tags : PERIOD PAROLE EXCLUSION