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Supreme Court of India 2023-03-24 dismissed

Anil Kumar vs State of Haryana & Ors

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The petitioner, a convict sentenced to life imprisonment for murder, challenged a High-Powered Committee decision stating that his period of emergency parole could not be counted towards his sentence. The Supreme Court dismissed his petition, holding that under the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, parole periods must be excluded from actual sentence calculations. The Court reasoned that counting parole would undermine the purpose of parole and allow influential prisoners to obtain repeated paroles without consequence. The decision applies the same statutory rule regardless of whether parole was granted routinely or as an emergency measure during the pandemic.

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Constitutional Law Criminal Procedure Parole and Remission Sentencing Emergency Powers Statutory Interpretation

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