Supreme Court Rules Parole Period Not Counted Towards Total Sentence

 In a recent judgment, the Supreme Court of India reaffirmed that the period of parole should not be included when calculating the total sentence of a convict. The decision was rendered in the case of Anil Kumar v. State of Haryana, wherein the petitioner sought the quashing of a decision by the High-Powered Committee regarding the counting of the parole period towards his sentence.

The petitioner, who had been convicted for offenses under Sections 302/34 of the Indian Penal Code, was released on emergency parole by the High-Powered Committee in response to the COVID-19 pandemic. However, the Committee later decided that the period of release on interim parole would not be considered in the calculation of the petitioner's sentence.

Rejecting the petitioner's plea, the Supreme Court emphasized the legality of this decision, stating, "The period of release on parole shall not be counted towards the total period of sentence of a convict-prisoner." The court referred to the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, which expressly excludes the parole period from the calculation of the sentence.

The court further relied on previous judgments to support its ruling. It cited the case of Avtar Singh v. State of Haryana (2002) 3 SCC 18, where the constitutional validity of Section 3(3) of the Act, 1988, was upheld. Additionally, the court cited State of Haryana & Ors. v. Mohinder Singh (2000) 3 SCC 394, wherein it was held that the period of parole should not be counted towards the total sentence.

Justice M.R. Shah, delivering the judgment, stated, "For the purpose of considering actual imprisonment, the period of parole is to be excluded." The court recognized that including the parole period in the calculation could undermine the purpose and effectiveness of the actual imprisonment.

Apex court dismissed the petitioner's writ petition, affirming that the parole period would not be counted towards the total sentence. This ruling sets a precedent regarding the calculation of sentences for convicts on parole, reinforcing the statutory provisions and previous judgments on the matter.

Date Of Decision 24 March 2023

Anil Kumar   vs State of Haryana & Ors. 

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