Can Covid Parole Leave Period Be Considered To Calculate Convict's Actual Period Of Sentence?: Supreme Court Asks Maharashtra Govt To Decide

The Supreme Court of India has granted liberty to the State of Maharashtra to take a policy decision as to whether or not the Covid Leave period of parole of a convict can be considered for calculating his period of actual sentence.

The State has also been asked to decide whether such a decision is to be applied to all the prisoners or some exceptions are required to be made.

A Bench comprising CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli has granted a time period of four weeks to the State to do the needful, and has directed the case to be listed again after four weeks.

"We grant liberty to the State to take a policy decision as to whether the Covid Leave period of parole of a convict can be considered for calculating his period of actual sentence or not and whether such a decision is to be applied to all the prisoners or some exceptions are required to be made," the Bench said.

The Bench issued the directions in an appeal filed against Bombay High Court's order acquitting the appellant, Mubin Khan, under Section 498A of the Indian Penal Code and upholding his conviction under Section 302 IPC.

The appellant had undergone actual sentence of 11 years, 08 months and 05 days and was granted Emergency Covid Parole Leave on 15th May 2020 which continues till date. The period of parole was not counted by the State while calculating his total period of actual sentence.

The State counsel submitted that the case of a convict, who has been awarded life imprisonment, is considered by the State Government for pre-mature release after completion of 14 years of actual sentence as per the Prisoners Act.

The Bench therefore observed that had the appellant not been granted parole on 15th May 2020, he would have completed 14 years of actual sentence and, thus, his case would have been considered for pre-mature release.

It was also informed by the State's Counsel that there are about 20,000 prisoners, whose cases are similar to the appellant.

Thus, the State has been asked to take a policy decision in the matter.

The Bench also considered the total period of sentence undergone by the appellant as stated in the Surrender Certificate dated 27.10.2021 provided by the State of Maharashtra:

• Under trial period from 10.09.2007 to 00 11 03 12.08.2008 : 11 Months 3 days
• The actual imprisonment undergone by the prisoner from 13.08.2008 to 15.05.2020: 11 years 8 months
  
• Remission (including annual good conduct remission and general remission) till date: 5 years 3 months
  
• Total period of imprisonment undergone by the prisoner including remission and excluding out days till Dt.30.09.2021: 17 years 11 months.
  

The State was represented through Advocates Rahul Chitnis, Sachin Patil, Aaditya A. Pande, and Geo Joseph.

The appellant was represented through Advocates Shekhar G.Devasa, Manish Tiwari, Shashi Bhushan Nayar and Ramesh Jadhav.

Case Title: Mubinkhan vs State Of Maharashtra