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B. R. GAVAI, AUGUSTINE GEORGE MASIH
Karan Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
B.R. GAVAI, J.
1. Leave granted.
2. The appellant has approached this Court by way of present appeal challenging the order dated 9th May 2024 passed by the learned Single Judge of the High Court of Punjab and Haryana at Chandigarh in CRR No. 944 of 2023 (O&M), thereby dismissing the revision petition filed by the present appellant.
3. The facts, in brief, giving rise to the present appeal are as under:
3.2 Upon appreciation of the evidence at the conclusion of the trial, the appellant came to be convicted for the offence punishable under Section 302 IPC vide judgment and order dated 8th February 2007 in Sessions Case No. 5 of 2005.
3.3 The said conviction and sentence was affirmed by the High Court vide its judgment and order dated 6th February 2009.
3.4 While the appellant was undergoing the sentence of life imprisonment, he was released on parole vide order dated 21st April 2010 for a period of six weeks. However, since the appellant did
The amendment to the Prisoners Act does not apply retroactively, and the sentence already served suffices for justice.
Life imprisonment entails incarceration for life unless remission is granted under Section 432 of Cr.P.C.; prisoners do not have an automatic right to release after a fixed term.
Acquittal does not erase prior conduct constituting an offence under the Haryana Good Conduct Prisoners Act, even if it takes retrospective effect.
Petitioner is not entitled for the relief as contended in the petition to make the sentence as concurrent instead of consecutive and there is an explicit proviso under Section 426 of Cr.P.C., with re....
Parole – Period of release on parole shall not be counted for the purpose of considering actual imprisonment and said period of parole has to be excluded.
The court reaffirmed that judicial decisions must be respected and that the definition of hardcore prisoner under the Act did not apply to the petitioner, ensuring his right to parole.
The court upheld the conviction under Section 304 Part I IPC while modifying the sentence to the time already served due to mitigating circumstances.
Defiance of Parole order – When a sentence of imprisonment for a term is passed under the Code on an escaped convict, Section 426(2)(a) Cr.P.C., is applicable and Court has to take note of explicit p....
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