SHIV KUMAR SHARMA, J. - (1.) THE question that emerges for our consideration in the instant cases is : Whether the sentence is actually continuing to run during emergent parole period ?
(2.) IN Rishipal v. State of Raj. and Anr., D.B. Civil Writ Petition No. 6462/2007 decided on 13.3.2008, it was held that during the parole period, there is no suspension of sentence but the sentence is actually continuing to run during that period also. The contention of learned Advocate-General Mr. B.P. Agarwal is that the case of the petitioners is governed under the provisions of Rule 12 of the Rajasthan Prisoners Release on Parole Rules, 1958 (for short the Parole Rules). Rule 12 of the Parole Rules provides as under : "Parole period regarded as imprisonment served. - The period for which a prisoner stays on parole under Rule 9, without violating the conditions laid down for the purpose, shall be treated as imprisonment served by him. All other kinds of parole shall be treated as sentence suspended."
(3.) UNDENIABLY , in the Parole Rules, the term "all other kinds of parole" has not been defined. The Constitution Bench of the Supreme Court in Sunil Fulchand Shah v. Union of India, 2000(2) RCR(Criminal) 176 : (2000)3 SCC 409, considered the distinction between 'bail' and 'parole' and indicated thus : "Bail and parole have different connotations in law. Bail is well understood in criminal jurisprudence and Chapter XXXIII of the Code of Criminal Procedure contains elaborate provisions relating to grant of bail. Bail is granted to a person who has been arrested in a non-bailable offence or has been convicted of an offence after trial. The effect of granting bail is to release the accused from internment though the court would still retain constructive control over him through the sureties." The Apex Court further held in Para 27 as under : "...'parole' is a form of temporary release from custody, which does not suspend the sentence or the period of detention, but provides conditional release from custody and changes the mode of undergoing the sentence." ;