Goa Prison Rules: Supreme Court holds Parole cannot be counted as part of sentence served when considering remission

The Supreme Court on Thursday upheld a Bombay High Court order that ruled that periods of parole availed by a prisoner cannot be counted as part of the duration of sentence while considering the minimum imprisonment of 14 years required for premature release from prison under the 2006 Goa Prison Rules [Rohan Dhungat vs State of Goa and ors]..A bench of Justices MR Shah and CT Ravikumar made it clear that even under Section 55 of the 1984 Prisons Act, release on parole is not counted while computing the sentence period. "If the submission on behalf of the prisoners that the period of parole is to be included while considering 14 years of actual imprisonment is accepted, in that case, any prisoner who may be influential may get the parole for number of times as there is no restrictions and it can be granted number of times and if the submission on behalf of the prisoners is accepted, it may defeat the very object and purpose of actual imprisonment. We are of the firm view that for the purpose of considering actual imprisonment, the period of parole is to be excluded," the Court said..The Goa bench of the Bombay High Court had rejected a plea moved by some prisoners who were aggrieved by the State government turning down their applications for premature release.The verdict of the High Court was based on an interpretation of Rule 335 of the Goa Prison Rules and Section 55 of the 1984 Prisons Act.On appeal before the top court, Senior Advocate Siddhartha Dave for the petitioners argued that even when on parole, convicts can be said to be in custody/ judicial custody and thus, the parole period should be included while considering the minimum of 14 years of actual imprisonment when considering plea for premature release. An accused when away from any prison in which he may be lawfully confined, shall be deemed to be in prison as per Section 55 of the Prisons Act, the counsel added. The top court, however, said that parole is conditional release. "Parole can be granted in case of short-term imprisonment. Duration of parole extends to one month. Parole is granted by the State Government. For parole, specific reason is required. Parole can be granted for number of times ... The term of imprisonment is not included in the computation of term of parole."Further, Section 55 of the Act only applies when a person has been taken away from prison, the Court added. The appeals were, therefore, dismissed. .[Read Judgment]