New Delhi, January 5
The period of parole granted to a prisoner has to be excluded from the sentence while considering his premature release, the Supreme Court ruled on Thursday.
“We are of the firm view that for the purpose of considering actual imprisonment, the period of parole is to be excluded. We are in complete agreement with the view taken by the high court holding so,” a Bench of Justice MR Shah and Justice CT Ravikumar said, upholding a Bombay High Court order.
If the parole period was included in the sentence, then a prisoner who may be influential may get parole a number of times, it said.
“If the submission on behalf of the prisoners that the period of parole is to be included while considering 14 years of actual imprisonment is accepted, in that case, any prisoner who may be influential may get parole for a number of times as there is no restrictions and it can be granted a number of times and if the submission on behalf of the prisoners is accepted, it may defeat the very object and purpose of actual imprisonment,” the top court said.
The ruling came on an appeal filed by some life convicts, who were released on parole under the provisions of the Goa Prisons Rules, 2006. They had applied for their premature release under the 2006 rules and the State Sentence Revenue Board had recommended their premature release.
The convicting court opined that the convicts shall not be released prematurely, considering the gravity of their offence and accordingly, the state government rejected their petition seeking a premature release.
The Bombay High Court said the period of parole has to be excluded from the sentence while considering a prisoner’s premature release. The top court agreed with the high court.
