On January 5, a Supreme Court division bench led by Justices MR Shah and CT Ravikumar ruled that the Parole period must be excluded from the period of sentence under the Goa Prison Rules, 2006 when considering 14 years of imprisonment for premature release. The court also ruled that if the parole period is included as part of the sentence period, any prisoner with enough clout may be granted parole multiple times. According to the Court, this is contrary to the purpose of actual imprisonment.

"If the submission on behalf of the prisoner is accepted that the period of parole is to be included while considering 14 years of imprisonment is accepted, in that case, any prisoner who is influential, may get parole a number of times as there is no distinction and it can be granted a number of times. If the submission is accepted, it may defeat the very object and purpose of actual imprisonment. We are of the firm view that for the purpose of considering actual imprisonment, the period of parole is to be excluded. We are in complete agreement with the view taken by the High Court. Present SLP stands dismissed."

The Bench was deliberating on a challenge to a Bombay High Court (Goa Bench) order pertaining to Rule 335 of the Goa Prison Rules and Section 55 of the Prisons Act, 1894 [Extramural custody, control, and employment of prisoners]. The Court has reserved its decision until December 2022. During that hearing, Senior Advocate Siddhartha Dave made several arguments as to why the period of parole could be considered part of the sentence under the Rules.

Case Title: Rohan Dhungat vs State of Goa and Ors 
Case number: SLP(Crl) No. 012574 - 012577 / 2022