Can’t deduct parole from actual sentence: HC strikes down state formula

The Punjab and Haryana High Court has ruled that the period spent on parole cannot be deducted from the actual sentence undergone by a prisoner for the purpose of premature release. Justice Harpreet Singh Brar clarified that ‘actual sentence’ refers to the real time spent behind bars—including time as an undertrial and as a convict—while the parole period can only be deducted from the total sentence.

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The ruling comes as a significant setback for the state’s interpretation of the Punjab Good Conduct of Prisoners (Temporary Release) Act, 1962. In its decision, the Bench observed that the formula devised by the state-level committee in its meeting dated March 16, 2020, which treated the parole period as a deduction from actual sentence, was illegal and beyond comprehension.

“The formula prescribed in meeting dated July 16, 2020, is held to be invalid, being in direct contravention of Section 3(3) of the Act of 1962. The parole period shall only be subtracted from the total sentence and not from the actual sentence. Actual sentence shall only mean the real time spent by a prisoner in the prison premises,” the Bench ruled. Striking down the State’s formula, Justice Brar held: “The quantum of actual sentence is a matter of fact, a constant number, which neither increases nor decreases by release of an accused on parole… The parole period shall only be subtracted from the total sentence and not from the actual sentence. Actual sentence shall only mean the real time spent by a prisoner in the prison premises.”

Justice Brar further asserted that any relief granted under the 1962 Act could not be used to the prisoner’s detriment, and held the state’s action of deducting parole from actual sentence as impermissible. Ordering immediate compliance, the Court directed the State to reassess petitioner-convict’s case, by subtracting the parole availed from the total sentence and not the actual sentence, within four weeks.