Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Haryana Good Conduct Prisoners (Temporary Release) Act 1988 s.3(3) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Haryana Good Conduct Prisoners (temporary Release) Act, 1988 (28 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 – s. 3(3) – Petitioner was released on emergency parole/temporary parole pursuant to the decision of the High-Powered Committee constituted as per the orders issued by Supreme Court, due to the Covid-19 pandemic – Such parole period if shall be counted towards the total period of sentence of the petitioner – Held: No – In the State of Haryana, the temporary release on parole is governed by the statutory provisions of the 1988 Act – s. 3(3) of the 1988 Act specifically provides that the period of temporary release shall not be counted towards the total period of the sentence of a prisoner – Thus, when the petitioner has been convicted for offences u/s. 302/34, IPC and sentenced to undergo life imprisonment, he has to undergo the said sentence subject to any rule/policy in respect of remission and the period during which he is released on emergency/interim parole has to be excluded for the purpose of actual imprisonment – Petitioner not entitled to any relief prayed in the writ petition – Penal Code, 1860 – ss. 302/34 – Constitution of India – Art. 32. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 296 |
Petitioner | Anil Kumar |
Respondent | State Of Haryana & Ors. |
SCR | [2023] 3 S.C.R. 666 |
Judgement Date | 2023-03-24 |
Case Number | 46 |
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