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1996 Supreme(P&H) 130

S.C.DATTA
Chander Singh – Appellant
Versus
State Of Haryana – Respondent


Judgment

S.C.Datta, J.

1. This is a petition under Section 482 of the Code of Criminal Procedure praying for a direction upon the respondents for counting the period spent on parole towards the period of actual sentence undergone by the petitioner and for a further direction to release him forthwith after taking into consideration the aforesaid fact.

2. The petitioner is, at present, lodged in Central Jail, Hisar and the present petition has been filed through his maternal uncles son Jagdish Lal. The petitioner was sentenced to undergo rigorous imprisonment for life by the Sessions Judge, Bhiwani under Section 302/34 of the Indian Penal Code on 17.11.1981. During the period of sentence, its petitioner has availed of parole on various occasions totalling one year, three months and six days. It is alleged that the respondents are not counting this period awards the period of actual sentence. The respondents having rejected his prayer for release on completion of 14 years actual imprisonment including under trial period and after earning at-least 6 years of remissions, the petitioner has moved this application seeking the aforesaid reliefs.

3. The petition was resisted by the State by


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