State of Haryana v. Karambir Singh, (SC)
BS153817
SUPREME COURT OF INDIA
Before:- G.B. Pattanaik, C.J.I. and U. C. Banerjee, JJ.
Cri. A. No. 281 of 2001 (Arising out of S. L. P. (Cri) No. 4527 of 2000). D/d.
12.3.2001.
State of Haryana and others - Appellants
Versus
Karambir Singh - Respondent
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(3) - Parole - Sentence - Total period of - Period of parole which had been granted to the convict - Under sub-section (3) of Section 3 the period of release on parole shall not count towards the total period of the sentence - High Court erred in law in coming to a conclusion to the contrary.
[Para 2]
Cases Referred :-
Sunil Fulchand Shah v. Union of India ((2000) 3 SCC 409).
State of Haryana v. Mohinder Singh ((2000) 3 SCC 394).
JUDGMENT
G.B. Pattanaik, C.J.I., J. - Leave granted.
2. The short question that arises for consideration is whether the High Court was right in its conclusion in holding that the period for which the convict was released under the provisions of the Haryana Good Conduct Prisoner (Temporary Release) Act, 1988 can be counted for the purpose of the sentence. This question has already been answered by two judgments of this Court in the case of Sunil Fulchand Shah v. Union of India ((2000) 3 SCC 409) as well in the case of State of Haryana v. Mohinder Singh ((2000) 3 SCC 394). In view of the specific provision contained in the aforesaid Act under sub-section (3) of Section 3 to the effect that the period of release shall not count towards the total period of the sentence of a prisoner, the High Court erred in law in coming to a conclusion to the contrary. In our view, therefore, the period of parole which had been granted to the convict for seven months 24 days could not have been counted for the purpose of sentence.
3. Though we hold that the High Court was in error, but in the circumstances of the present case, we are not inclined to direct that the accused respondent shall serve any further sentence, inasmuch as the High Court committed the error on account of the default on the part of the State to bring to the notice of the High Court the relevant provisions and in not filing return.
4. This appeal stands dismissed accordingly.
Order accordingly.