When both the appeal and the writ petition came before a Bench of this Court, these were referred to a larger Bench with the following observations In the writ petition Section 3 iii of the Haryana Good Conduct Prisoners Temporary Release Act, 1988 is challenged on the ground that it is violative of Article 14 and Article 21.
The application was dismissed by the impugned judgment holding that the period of parole cannot be companynted towards the actual sentence undergone by him.
Being aggrieved, present appeal by special leave has been filed.
The appellant Avtar Singh, a companyvict, is undergoing the sentence of imprisonment.
WITH WRIT PETITION NO.119 OF 2001 J U D G M E N T Phukan,J. Leave is granted.
Avtar Singh has also filed the writ petition challenging the vires of sub section 3 of Section 3 of the Haryana Good Conduct Prisoners Temporary Release Act, 1988 for short the Act on the ground that the sub section is arbitrary, illegal, ultra vires and unconstitutional.
He filed an application before the Punjab Haryana High Court seeking for a direction to the State Government to include the period of parole availed by him in the total period of imprisonment undergone by him.
This appeal by special leave and the writ petition were heard together as the questions involved are companymon and, therefore, by this judgment we dispose of both the appeal and the writ petition.
