Supreme Court Allows Appeal, Orders Release in Parole Violation Case Due to Remission in Main Offence.
08 April 2025
Criminal Appeals & Suspension of Sentence >> Criminal Law
In Karan Singh Vs The State of Haryana., the Supreme Court allowed an appeal filed by an individual challenging a High Court order that upheld his conviction and sentence under the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988. The appellant was initially convicted for murder under Section 302 IPC and sentenced to life imprisonment. He was released on parole but failed to surrender on time, leading to a separate FIR and conviction under the Prisoners Act, 1988, with a two-year rigorous imprisonment sentence to run consecutively after his life sentence.
The Supreme Court noted that the appellant had already been granted remission for his life sentence. While the State argued that a 2012 amendment to the Prisoners Act prescribed a minimum two-year sentence, the Court held that this amendment was not applicable as the offense occurred in 2010.
The Court observed that this was the appellant's first instance of parole violation and that he had already served approximately ten months of the two-year sentence after the remission of his life sentence. Considering these facts, the Supreme Court found that the sentence already served sufficiently met the ends of justice for the parole violation. Consequently, the Court quashed the High Court's order and directed the appellant's immediate release, provided he was not required in any other case.
Section 302., Indian Penal Code - 1860
Haryana Good conduct Prisoners (Temporary Release) Act, 1988