person released on parole under Section 3 is not entitled for the benefit of counting the parole period as sentence period whereas a person released ... observations:
"11. Parole is essentially an executive function and now it has become an integral part of our justice delivery system as has been
even on parole/furlough from the jail, and the Supreme Court laid down that even though the circular applies to prisoners on parole, the same ... confined in jail and even to those who are on parole or furlough we cannot extend this circular to convicts who are on bail
would "be also granted to all the
convicts who were on parole/furlough from
the jail on 25-1-1988".
16. The Court ... Court in Nauratta Singh. Any
8
other interpretation will render criminal justice
system to a mockery. This Court clarified the same by
giving illustration
Unfortunately, the Indian Penal Code still lingers in the somewhat
compartmentalised system of punishment viz. imprisonment, simple or rigorous, fine
and, of course, capital sentence ... prescribed as part of the sentence. In another case, liberal
parole may have to be suggested and, yet in a third category, engaging in certain
discretion.
Unfortunately, the Indian Penal Code still lingers in the somewhat
compartmentalised system of punishment viz. imprisonment, simple
or rigorous, fine and, of course, capital ... prescribed as part of the sentence. In
another case, liberal parole may have to be suggested and, yet in a
third category, engaging in certain
acceptance of this argument, in our opinion,
would reduce the Criminal Justice System to the mockery as
has been said by this Court in Nauratta ... this Court has categorically
held that there is substantial difference between words `parole
and furlough' on hand and the expression `bail' other. These
acceptance of this
argument, in our opinion, would reduce the criminal justice
system to mockery as has been said by this Court in Nauratta
Singh ... categorically held that there is substantial difference
between the words "parole" and "furlough" on one hand and
the expression "bail
released on furlough and parole both. In respect of cases
where prisoner is to be released on parole the APP
submitted that the conditions stipulated ... reason why our legal and judicial
system continually denies justice to the poor by
keeping them for long years in pretrial detention is
our highly
Anant S. Dave
Bench: Anant S. Dave
Gujarat High Court Case Information System
Print
SCR.A/613/2011 4/ 4 ORDER
IN
THE HIGH COURT ... initially it was prayed that authority under the
Prisons [Bombay Furlough and Parole] Rules, 1959 [for short, "the
Rules"] framed in exercise
bail.
2. Para 637 of the Punjab Jail Manual stipulates that
remission system is not applicable upon a person, who is on bail. In
Joginder Singh ... acceptance of this argument, in our opinion, would reduce
the criminal justice system to mockery as has been said by
this Court in Nauratta Singh
