D.B. CIVIL WRIT (PAROLE) PETITION NO. 4472/2010 Nand Ram Versus State of Rajasthan Date of Order :: 28.07.2010 HON'BLE MR. JUSTICE PRAKASH TATIA HON'BLE MR. JUSTICE KAILASH CHANDRA JOSHI By post Mr. K.R. Bishnoi – Public Prosecutor This letter petition has been sent by the petitioner-convict seeking the relief that since he has availed the benefit of release on parole for 81 days, therefore, that period may be counted in his served sentence. State has submitted reply to the petition and stated that the petitioner was not released on parole, but he was released on temporary bail for a period of 75 days in total and the period for which the convict enjoyed the benefit of bail is not and cannot be counted in sentence undergone. Since the petitioner was not released on parole and he was released on temporary bail in view of the facts stated in the reply, we are of the view that the petitioner is not entitled for counting the 81 days as sentence served against his total sentence served. However, according to the reply submitted by the State, the petitioner remained on temporary bail for a period of 75 days, details of which are given in para 5 of the reply and it is not 81 days as submitted by the petitioner. In view of above, this petition is dismissed. [KAILASH CHANDRA JOSHI],J. [PRAKASH TATIA],J. Pramod Item No. 61