Convict's period of parole part of sentence -- SC

Convict's period of parole part of sentence -- SC
UNITED NEWS OF INDIA

NEW DELHI, SEPT 13: The Supreme Court has ruled that the period of parole is to be counted as part of the sentence which a convict has to undergo.

The significant ruling which may reduce the period of stay of thousands of convicts undergoing imprisonment in the criminal cases was given by a bench of Justice A P Mishra and Justice R C Lahoti while disposing of an appeal by the Haryana Government and others against a Punjab and Haryana High Court judgement.

``The counsel for both sides agree that the accused need not surrender and go to jail to serve the balance period of sentence as it is covered by the period of parole granted to him,'' the judges observed.

Respondent Suresh Kumar had been convicted by a Jagadhari sessions court and sentenced to life imprisonment in a dowry death case on January 10, 1994.

On an appeal filed by the accused, the High Court though maintained his conviction but reduced the sentence to eight year rigorous imprisonment.

The High Court, on a petition filed by the accused seeking counting of the four-and-a-half years period of parole towards the actual sentence already undergone by him, held that he was entitled to the benefit of special remission announced by the Haryana Government from time to time and that he was also entitled to count the period of parole enjoyed by him as part of the actual sentence undergone by him.

The Supreme Court affirmed the view taken by the High Court and rejected the plea of the state government that the accused-respondent was not entitled to special remission as he was involved in a dowry death case.