overstay on Parole is 13 years 3 months 7 days. The petitioner would not complete 7 years of actual sentence or 10 years of total ... dated 17.01.1995, under Clause 2(a) a convicted prisoner should have completed total sentence of 10 years including 7 years of actual sentence
breach of conditions of parole.
10. Release on parole for a short period or even the permanent release on parole is not very much different ... Rajasthan Prisoners (Release on Parole) Rules of 1958 relates to parole period which reads as under:
"9. Parole period- A prisoner, who has complted
a remission earned by a prisoner by consistent good conduct for over a number of years and it is granted to him as a matter ... would be no more than release of a prisoner on parole because the prisoner must undergo 14 years of actual imprisonment before his premature release
State Of Haryana vs Nirmal Singh And Another on 29 September, 1998
Equivalent citations: 1999CRILJ662
parole.
1199. Furlough means release of a prisoner for a short period of
time after a gap of certain qualified numbers of years of
incarceration ... Furlough and parole envisage a short-term temporary release
from custody;
(ii) While parole is granted for the prisoner to meet a specific
exigency, furlough
A is itself treated as a
guide-line for exercise of Articles 72/161.
These observations of ours are
recommendatory to avoid a hiatus ... jail library.
(14) Section 433-A does not forbid parole or
other release within the 14-year span. So to
interpret the section
have undergone an actual sentence of 5 years and a total sentence of 7 years (including remission) as on 26-1-2000.
2. The remission ... Section 433-A Cr.PC and held the period of parole is required to be counted for actual period of 14 years imprisonment
periods of furlough and parole enjoyed by a prisoner can be counted for working out the period of 10 years' imprisonment specified ... a settled legal position that a sentence of imprisonment for life is not a sentence which would expire automatically after the expiry of 20 years
other reasons
(a) Where a murder is committed in the course of a quarrel etc. without premeditation in an 16 years individual capacity and where ... custody while undergoing imprisonment or who absconded 24 years while on parole or furlough. (Twenty four years)"
3. The State Government filed returns resisting
furlough. As held by the Supreme
Court, parole is a discretionary remedy whereas furlough is a salutary right
and can be granted if the conditions ... have elapsed from the first parole. Thus a convict can be
considered for roughly two paroles in an year to meet to exigency including
