valid leave of absence ( like Parole/Furlough etc.) but have violated the Parole/Furlough conditions by overstaying or committing other offences". It is further ... prison on valid leave like Parole/Furlough but have violated the Parole/Furlough conditions by overstaying are not entitled to remission.
13. Though
surrendered on 3-9-84 and the other five persons are overstaying parole since 1-7-84. In the affidavit it is not even stated ... excuse for them to overstay. But in view of the fact that the prisoners are still overstaying parole since 1-7-84, it is really
petitioners were released on parole on 25-10-1984 for a period of 2 months, then the parole was extended by another two months. They ... admitted to Central Prison, Hyderabad. He overstayed parole for a period of 13 years 2 months and 11 days. The 2nd petitioner surrendered before
guidelines in category-II.
Having regard to the factors, namely, (i) overstaying on parole for a
period of 14 years, 9 months and 24 days ... official duty. It is to be noted
that plea of overstaying on parole was also cited as a ground for refusal to grant
remission
while being sentenced to imprisonment for life.
(vi) Prisoners who have overstayed on Parole/Furlough for cumulative periods in excess of 10 years
Remissions : 04 04 21
Total including
Remissions : 17 05 26
Less Parole
period/ overstay : 01 06 29
------------------------------
TOTAL SENTENCE : 15 10 27
------------------------------
4. The learned
petitioner is that the petitioner has been convicted for overstaying his furlough and parole for a period of more than 60 days by the Superintendent ... Furlough period: - 3 -
(B) Parole period: - 6 14
(Parole and furlough leave is
to be included in remission)
3. Remissions:
(A) Ordinary Remission
from
when this Court had extended
the parole for 23 days more. However, the Petitioner
had overstayed despite direction by this Court to
surrender ... applicable on the date
when the prisoner returned late after overstaying the
Parole or furlough leave period . In our opinion the
Maharashtra Prison (remission system
Order,
the escape or attempting to escape from lawful custody (except overstayal of
parole leave only) is also a bar for the claim
explanation in
each case of overstayal of
period or breach of any
conditions of furlough or
parole:
(1) A maximum cut of 5 days ... comes to
the conclusion that the overstayal of
period or breach of any conditions of
furlough or parole were on sufficient
reason
