Criminal Misc. No. M-21881 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-21881 of 2010 Date of Decision: 17.1.2011. Mahabir alias Mahender .... Petitioner Versus The State of Haryana & another .... Respondents CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. H.P.S. Aulakh, Advocate, for the petitioner. Mr. Satyavir Singh Yadav, D.A.G. Haryana. NAWAB SINGH.J (ORAL) The petitioner is undergoing imprisonment for life in case bearing First Information Report No. 468 dated September 23rd, 1997 under Sections 302 and 201 read with Section 34 IPC, Police Station Pundri, District Kaithal. He was convicted and sentenced by Sessions Judge, Kaithal by judgment dated February 12th, 2001. He is confined in District Jail, Kaithal. 2. By this petition, petitioner seeks direction to the State of Haryana that his case for premature release be considered as he has already completed the sentence as provided in the Policy of the Government dated August 8th, 2000. As per the Policy (ibid), case of the petitioner falls in para 2(b) which provides that adult life convicts who have been imprisoned for life, their cases may be considered after completion of 10 years actual sentence including under trial period provided that the total period of such sentence including remissions is not less than 14 years. 3. State has filed reply averring that petitioner has not fulfilled the condition of the Policy because he has completed actual sentence of 13 years 1 month and 9 days as on September 29th, 2010, that is, actual sentence undergone including the period of under trial is 10 years 3 months and 11 days and remissions earned Criminal Misc. No. M-21881 of 2010 2 3 years 6 months and 12 days and Government remissions 6 months, that is, 14 years 3 months and 23 days less parole availed during this period, that is, 1 year 2 months and 14 days. By calculation, he has undergone total sentence of 13 years 1 month and 9 days. 4. Learned counsel for the petitioner contends (i) that calculation made by the State is not in accordance with the Punjab Jail Manual; (ii) that the period of parole should also have been added in the period of actual sentence undergone by the petitioner. 5. Paragraph 637 of the Manual reads as under:- “637 Application of remission of system.- Subject to the provisions of paragraph 634 remission under paragraph 635 shall be calculated from the first day of the calender month next following the date of prisoner's sentence; any prisoner who after having been released on bail or because his sentence has been temporarily suspended is afterwards readmitted in the jail shall be brought under the remission system on the first day of the calender month next following his re- admission, but shall be credited on his return to jail with any remission which he may have earned previous to his release on bail or the suspension of his sentence. Remission under paragraph 636 shall be calculated from the first day of the next calender month following the appointment of the prisoner as convict-warder, convict-overseer or convict-night watchman.” 6. From para 637 mentioned above, it is clear that a convict is not eligible for remission of sentence during the period he is on bail or his sentence is temporarily suspended. Reference can profitably be made to decisions of Hon'ble Supreme Court in Jai Prakash and others vs. State of Haryana and others, 1987(4) SCC 296 and State of Haryana vs. Mohinder Singh, 2000(1) RCR (Criminal) 627 (SC). Criminal Misc. No. M-21881 of 2010 3 7. In view of above, the petitioner has not fulfilled the condition as envisaged in the Policy dated August 8th, 2000. Thus, the petition is hereby dismissed. 17.1.2011 (NAWAB SINGH) SN JUDGE