The Punjab & Haryana High Court has ruled that the formula used by the Punjab Government for calculating prison sentences, which deducts parole from actual jail time, is invalid. The Court emphasized that parole must only be deducted from the total sentence and not from the actual sentence served inside the prison.
“It is directed that 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 Harpreet Singh Brar
This significant ruling came during a plea filed by a murder convict challenging the Punjab government’s order rejecting his request for premature release. The government had applied a formula where parole was deducted from the total sentence to determine eligibility for early release.
As per the Additional Chief Secretary’s affidavit dated 23.05.2025, the formula—"Actual Custody + Custody Post-Conviction – Parole"—was applied based on an incorrect reading of Section 3(3) of the Punjab Good Conduct of Prisoners (Temporary Release) Act, 1962. The Court declared this formula invalid.
“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,”
– High Court stated in its judgment
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The Court explained that parole does not interrupt actual imprisonment but is a temporary release and must not reduce the mandatory actual time a prisoner needs to serve. It distinguished between “actual” and “total” sentence, clarifying that “actual” refers strictly to the time spent in jail, while “total” includes remission and other benefits.
The Court also noted the humanitarian objective of the 1962 Act, which aims to maintain prisoners’ ties with society and encourage good conduct. The judge emphasized that granting parole and then using it against the prisoner defeats the Act’s purpose.
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“The State cannot be allowed to provide something with one hand and take the same away with the other,”
– the Court observed
Justice Brar also made it clear that any change in the parole formula must come through legislative amendment, not by executive clarification or committee meetings. Thus, the 2020 clarification issued by the Punjab government was held to be without legal authority.
