automatically extended by any period of parole granted to the detenu unless the order of parole or rules or instructions specifically indicates as a term ... Tamil Nadu Prison Rules. In Chapter XIX of the Tamil Nadu Prison Rules Rule 340 is as follows:
"Rule 340. Calling for verification report
released on
parole cannot be considered by the State Government under
the provisions of the Rajasthan Prisoners Release on Parole
Rules, 1958 during the pendency ... criminal appeal, the power of the executive to consider a
representation for parole made by the petitioner is eclipsed
and cannot, therefore, be exercised
event, any statute is made or the Government frames appropriate
Rules regulating parole, the said Act or Rules may provide for the manner
in which ... Avtar Singh 's case. Such release on parole under the Tamil Nadu
Prison Rules is nothing but remission of sentence.
(iii) Outside the scope
event, any statute is made or the Government frames appropriate
Rules regulating parole, the said Act or Rules may provide for the manner
in which ... Avtar Singh 's case. Such release on parole under the Tamil Nadu
Prison Rules is nothing but remission of sentence.
(iii) Outside the scope
grant of parole. The Code of Criminal
Procedure does not contain any provision for grant of parole. By
administrative instructions, however, rules have been formed ... event, any
statute is made or the Government frames appropriate Rules regulating
parole, the said Act or Rules may provide for the manner in which
Prison Rules.
8 To appreciate the stand of the petitioners, it may be profitable to quote Rule 341 of the Prison Rules:
341 Cases ... placing reliance on Rule 341(3) proviso (i) of the Prison Rules is illegal.
15 Now, coming to Rule 341(2), it does not speak
parole in terms of Rule 2 (4) read with Rule 22 (1) of the Tamil Nadu (Suspension of Sentence) Rules, 1982. It is further contended ... claim parole presumably under the impression that Section 32A is a bar for the State to grant parole. The Apex Court held that parole
automatically extended by any period of parole granted to the detenu unless the order of parole or rules or instructions specifically indicates as a term ... 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
Court had discussed the
scope of Rule 35 of the Rule, 1982 elaborately and held as follows:
“25. Rule 35 is intended to ensure that ... while dealing with Rule 17 of Prisons
(Bombay Furlough and Parole) Rules, 1959, which is similar to Rule
rules and regulations applicable to the petitioner,
including the Tamil Nadu Prison Manual Rules. However, the prison authorities
have not included the parole period ... automatically extended by
any period of parole granted to the detenu unless the order of parole or rules
or instructions specifically indicates as a term
