Case Note & Summary
The Supreme Court heard an appeal challenging the dismissal of a revision petition by the High Court of Punjab and Haryana. The appellant had been convicted under Section 302 IPC for murder in 2007, with the conviction affirmed in 2009. While serving a life sentence, the appellant was released on parole in April 2010 but failed to surrender on time, leading to arrest in June 2010. An FIR was registered under Sections 8/9 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, resulting in conviction and a two-year rigorous imprisonment sentence in November 2010, upheld by lower courts and the High Court. The appellant approached the Supreme Court after being granted remission for the main offence under Section 302 IPC in September 2024 but could not avail it due to the sentence under the Prisoners Act, 1988. The legal issues centered on whether the sentence under the Prisoners Act, 1988 should be modified, considering the remission and the applicability of a 2012 amendment that introduced a minimum sentence. The appellant argued that sentences should run concurrently with life imprisonment, while the State contended the amendment mandated a minimum sentence. The Court analyzed Section 9 of the Prisoners Act, 1988, noting it prescribed a maximum of three years without a minimum, and held the 2012 amendment did not apply retroactively as the offence occurred in 2010. The Court found the appellant's parole violation was a first instance and that he had already undergone approximately 10 months of additional incarceration post-remission. Reasoning that the ends of justice would be served, the Court allowed the appeal, quashed the High Court order, and directed the appellant's release if not required in other cases, without delving into the broader concurrent sentencing argument.
Headnote
A) Criminal Law - Parole Violation - Sentencing Under Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 - Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Sections 8, 9 - Appellant convicted under Section 302 IPC and later for parole violation under Prisoners Act, 1988 - Court examined Section 9 of the Act, which prescribes maximum sentence of three years but no minimum, and held that amendment introducing minimum sentence effective from 1 October 2012 did not apply as offence committed on 17 June 2010 - Considering appellant had been granted remission for main offence and undergone additional incarceration, sentence already undergone deemed sufficient - Held that ends of justice served by setting aside further sentence under Prisoners Act, 1988 (Paras 8-14). B) Criminal Procedure - Remission and Release - Concurrent Sentences - Indian Penal Code, 1860, Section 302 - Appellant argued sentences should run concurrently when life imprisonment imposed, but court did not decide this issue - Instead, allowed appeal on ground that appellant granted remission for main offence under Section 302 IPC and had undergone additional incarceration for parole violation - Directed release if not required in any other case (Paras 5-6, 13, 16).
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Issue of Consideration: Whether the sentence awarded under the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 for parole violation should be set aside or modified considering the appellant's remission in the main offence and the facts of the case.
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Final Decision
Appeal allowed. Impugned judgment and order dated 9 May 2024 passed by the High Court of Punjab and Haryana at Chandigarh in CRR No. 944 of 2023 quashed and set aside. Appellant directed to be released forthwith if not required in any other case, as sentence already undergone for offence under Prisoners Act, 1988 deemed sufficient.
