Temporary Release on Parole Cannot Be Counted Towards Actual Sentence: Punjab and Haryana High Court

In a significant ruling that clarifies the legal position on the counting of parole period for life convicts seeking premature release, the Punjab and Haryana High Court, under the bench of Hon’ble Mr. Justice Deepak Gupta, has pronounced a landmark judgment. The Court held that the period of temporary release on parole should not be included while calculating the actual sentence served by life convicts.

The case, titled Gurnam Singh vs. State of Punjab and others, was reserved for judgment on November 9, 2023, and the verdict was pronounced on November 30, 2023. The petitioner, Gurnam Singh, serving a life sentence since 2001 for crimes under Sections 302, 323, 34 of the Indian Penal Code, and Sections 25 & 27 of the Arms Act, 1959, sought his premature release based on the 1991 policy of the Government of Punjab.

Justice Gupta, in his judgment, clarified, “The second contention of the learned counsel for the appellant has also to be rejected in view of the decision of this Court in Sunil Fulchand Shah (supra). The Constitution Bench has clearly held that though ordinarily the period of temporary release of a prisoner on parole needs to be counted towards the total period of detention but this condition can be curtailed by legislative act, rules, instructions or terms of grant of parole.”

The Court’s decision heavily relied on the precedent set by the Supreme Court in the case of Avtar Singh Vs. State of Haryana, where it was established that parole periods are not to be counted towards the total period of detention, unless specified otherwise by law.

In this case, Singh argued that he had served the required actual sentence under the 1991 policy when considering the remission period. However, the Court found that upon excluding his parole period, the actual sentence served fell short of the policy’s requirements.

Date of Decision: November 30, 2023

Gurnam Singh VS State of Punjab and others