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Criminal · Reportable judgment

Anil Kumar vs State of Haryana & Ors.

Court
Supreme Court of India
Date
24 March 2023
Case No.
Writ Petition (Crl.) No. 46 of 2022
Result
Dismissed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 3 S.C.R. 666 : 2023 INSC 296
Supreme Court Reports [2023] 3 S.C.R. 666 : 2023 INSC 296
Headnote

Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 – s.3(3) – Petitioner was released on emergency parole/temporary parole pursuant to the decision of the High-Powered Committee constituted as per the orders issued by Supreme Court, due to the Covid-19 pandemic – Such parole period if shall be counted towards the total period of sentence of the petitioner – Held: No – In the State of Haryana, the temporary release on parole is governed by the statutory provisions of the 1988 Act – s.3(3) of the 1988 Act specifically provides that the period of temporary release shall not be counted towards the total period of the sentence of a prisoner – Thus, when the petitioner has been convicted for offences u/s.302/34, IPC and sentenced to undergo life imprisonment, he has to undergo the said sentence subject to any rule/policy in respect of remission and the period during which he is released on emergency/interim parole has to be excluded for the purpose of actual imprisonment – Petitioner not entitled to any relief prayed in the writ petition – Penal Code, 1860 – ss.302/34 – Constitution of India – Art. 32.

Rohan Dhungat Etc. v. The State of Goa & Ors. Etc. Special Leave Petition (Crl) Nos. 12574-77/2022 : 2023 SCC OnLine SC 16; State of Haryana & Ors. v. Mohinder Singh (2000) 3 SCC 394 : [2000] 1 SCR

698 – relied on.

Avtar Singh v. State of Haryana (2002) 3 SCC 18 : [2002] 1 SCR 1082 – referred to

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. By way of this writ petition filed under Article 32 of the Constitution of India, the petitioner – convict in the State of Haryana has prayed for order or direction of quashing and setting aside the decision of the High-Powered Committee dated 09.05.2021 constituted as per this Court’s order dated 23.03.2020 passed in Suo-Moto W.P. (C) No. 1/2020, in so far as it states that the period of release on interim parole shall not be counted towards the total period of the sentence of the convict prisoner. 2. Ms. Ritu Kumar, learned coun
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