R. K. ABICHANDANI, J.

( 1 ) THE petitioner who is undergoing the sentence of imprisonment for life for the offence under S. 302 of the I. P. C. , for which he was convicted and sentenced on 5th April, 1996 in Sessions Case No. 49 of 1985 by the learned Sessions Judge, Panchmahal at Godhra, has presented this petition, seeking benefit of the order of His Excellency the Governor of Gujarat dated 14th August, 1997, under which remission to the extent indicated therein, was granted to the prisoners convicted for life imprisonment under S. 302 I. P. C. , falling in the categories mentioned in the said order.

( 2 ) WHEN this petition came up for hearing before one of us (Mr. Justice M. S. Parikh), as it appeared that the question, whether the periods of furlough and parole enjoyed by a prisoner can be counted for working out the period of 10 years imprisonment specified in the said remission order, was of public importance affecting a sizable number of prisoners, the matter was directed to be placed before honble the Chief Justice for passing necessary order for placing it before a larger bench, and accordingly, this Full Bench has been constituted to consider the question involved in this petition.

( 3 ) THERE is no dispute about the fact that the petitioner was convicted and sentenced for the offence under S. 302 I. P. C. on 5th April, 1986. It is also not disputed that if the furlough and parole periods enjoyed by the petitioner are not computed as imprisonment undergone, he would not complete 10 years of imprisonment as on 14th August, 1997. Though the case of the petitioner was that both furlough and parole periods should be considered as imprisonment while computing the period of imprisonment undergone by the petitioner, at the hearing, the learned Counsel for the petitioner submitted that even if only furlough period were to be so computed, the petitioner would have completed 10 years of imprisonment as on 14th August, 1997 and therefore, become entitled to the grant of remission under the order dated 14th August, 1997 made by the Governor under art. 161 of the Constitution of India.

( 4 ) THE order dated 14th August, 1997 at Annexure "a" made by order and in the name of the Governor of Gujarat, which has been issued by the Government of gujarat in its Home Department, provides that on the occasion of the 50th anniversary of the Independence of India and in pursuance of Art. 161 of the constitution of India, the Governor of Gujarat granted remission in sentence to the extent set out therein, to prisoners undergoing life imprisonment following conviction under S. 302 of the Indian Penal Code by the Courts of Criminal Jurisdiction and were confined in the jails of the State. The remission granted under this order was made effective from 15th August, 1997. The categories of prisoners eligible for such release were : (a) those who had undergone actual imprisonment of 10 years with set-off to be entitled to full remission of the remaining period; (b) those who had not completed 10 years of actual imprisonment with set-off - to be entitled to remission in sentence to the extent of two years. It was further provided that if the balance of sentence left to be undergone after conferring benefit as at category (a) was less than or equal to 15 days, such balance shall be given as a special remission and such prisoner shall be set at liberty on completion of actual ten years of imprisonment. As per the condition of release, if any prisoner so released commits any cognizable offence involving grave injury to person or property he would be liable to be apprehended and confined to serve out the unexpired portion of his sentence, so remitted.

( 5 ) THE petitioner has claimed benefit of category (a) under which prisoners who had undergone actual imprisonment of 10 years with set-off as on 14-8-1997 were to be granted full remission of the remaining period of imprisonment. This category refers to such class of prisoners who have undergone actua

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