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8. The unreported judgment, (in H.C.P.No.794 of 2008) which was relied on was a case which arose in identical circumstances but at that time, the provisions of the Jail Manual was not brought to the notice of the Division Bench as can be seen from Paragraph Nos.9 and 10.

"9. In cases where there is no statute or jail manual or government instructions excluding the period of parole in the period of sentence, the convict cannot be made to suffer imprisonment for the period when he was on parole. Though the learned Additional Public Prosecutor has brought to our notice one notification of the Government of Karnataka in their order dated: 20-2-2004 relating to the regulation of parole system under rule 191(2)(h) and submitted that the period spent on ordinary or emergency parole shall not count towards sentence undergone as it is a temporary suspension of sentence, is unable to produce such a notification issued by the State Government or any statute or jail manual. There is no dispute that the case was registered, the detenu was tried by the Courts within the jurisdiction of the State, found guilty, convicted and sentenced and was lodged in the Central Prison, Bangalore only to undergo the sentence. Under these circumstances, the notification of the Government of Karnataka relied upon by the learned Additional Public Prosecutor would have no application for the present case.