IMPORTANT POINT
Premature release – For the purpose of considering actual imprisonment, period of Parole is to be excluded.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Bombay at Goa in Criminal Writ Petition Nos. 466 of 2021, 467 of 2021, 471 of 2021 and 472 of 2021 dated 03.08.2022, by which, the High Court has dismissed the said writ petitions holding that the period of Parole is to be excluded from the period of sentence while considering the 14 years to actual imprisonment for the purpose of premature release, the original writ petitioners have preferred the present Special Leave Petitions.

2. That the original petitioners are all convicts undergoing life imprisonment. That all of them were released on parole under the provisions of Goa Prisons Rules, 2006 (hereinafter referred to as the “Rules, 2006”). That all the original petitioners applied for premature release under the Rules, 2006. The State Sentence Revenue Board recommended for premature release. The State Government sought opinion of the convicting Court on the premature release of the petitioners. The convicting Court opined that the convicts shall not be released prematurely considering the gravity of offence. Therefore, the State Government rejected the premature release of the petitioners. The convicts – original writ petitioners, therefore, preferred the respective writ petitions before the High Court of Bombay challenging the State’s decision to not considering their case for premature release. Before the High Court, it was the case on behalf of the original writ petitioners that the convicts have completed 14 years in custody and therefore, as such were entitled for premature release. It was the case on behalf of the convicts- original petitioners that the period of parole is not to be excluded from the period of sentence under the Rules, 2006 while considering 14 years of actual imprisonment for the purpose of premature release. Taking into consideration the Rule 335 of the Rules, 2006 which provides that the period of release on Furlough and Parole “shall be counted as remission of sentence ….” the High Court by impugned judgment and order has observed and held that the period of parole is to be excluded from the period of sentence while considering 14 years of actual imprisonment for the purpose of premature release. As the respective convicts – original writ petitioners excluding period of parole did not complete 14 years of actual imprisonment, the High Court by the impugned judgment and order has dismissed the respective writ petitions. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court, the original writ petitioners have preferred the present petitions.

3. Shri Siddharth Dave, learned senior counsel appearing on behalf of the respective petitioners has vehemently submitted that in the facts and circumstances of the case the Hon’ble High Court has seriously erred in holding that the period of parole is to be excluded from the period of sentence under the Rules, 2006 while considering 14 years of actual imprisonment for the purpose of premature release.

3.1. It is vehemently submitted by Shri Dave learned Senior Counsel for the respective petitioners that the Hon’ble High Court has erred in relying on the Rule 335 of the Rules, 2006 to hold that since period of release on parole is counted as remission, the same cannot be counted as part of sentence.

3.2. It is submitted that even while on parole the accused /convicts can be said to be in custody/judicial custody and therefore, period of parole is to be included while considering 14 years of actual imprisonment for the purpose of premature release.

3.3. It is vehemently submitted that as such the view taken by the High Court is just contrary to the decision of this Court in the case of Sunil Fulchand Shah v. Union of India reported in (2000) 3 SCC 409 as well as in the case of Avtar Singh v. State of Haryana reported in (2002) 3 SCC 409 (para 11).

3.4. It is further submitted by Shri Dave learned