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.
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.