While answering the above Question, The Apex Court has finally held as follows:
9. Now, so far as the submission on behalf of the petitioners relying upon Section 55 of the Prisons Act, 1894 that even on parole the prisoners shall be deemed to be in custody and therefore, the said period is to be included for the purpose of actual imprisonment is concerned, the aforesaid has no substance. Section 55 of the Prisons Act, 1894 shall not be applicable with respect to release on parole. Section 55 of the Prisons Act, 1894 shall be applicable in a case where a prisoner is taken out from any prison, he shall deem to have been in prison. However, the same shall not be applicable with respect to release on parole.
10. 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. We are in complete agreement with the view taken by the High Court holding so.
Party
Rohan Dhungat Etc. …Petitioner(s) Versus The State of Goa & Ors Etc. …Respondent(s) – SPECIAL LEAVE PETITION (CRL) NOS. 12574-12577 OF 2022 (@ DIARY NO. 29535 OF 2022) – JANUARY 05, 2023.
