BENGALURU: The Karnataka High Court directed all the Superintendents of Central and District Prisons across the state to mandatorily brief every convict, in a language they understood, regarding the conditions of release and the specific consequences of failure to surrender within the stipulated period, including the punishment prescribed under Section 58 of the Karnataka Prisons (Amendment) Act, 2022 Act, 2022, at the time of release on parole.
The court also directed the prison department to emphasise that a conviction imposed under Section 58 of the Act for violation of parole conditions carries independent penal consequences and hence this punishment is to be undergone only upon completion of the original substantive sentence for which the convict was initially imprisoned.
Therefore, original sentence and sentence for parole condition violation cannot run concurrently but operates consequently, the court clarified.
The court passed the order as it has come across several cases that the convicts released on parole often remain unaware of the stringent consequences of failing to surrender within the prescribed time, and such ignorance frequently results in further criminal prosecution under Section 58 of the Act.
“This situation warrants a proactive approach on the part of the prison administration to educate and sensitise convicts regarding the legal obligations attached to parole and the severe penal consequences that follow in case of non-compliance”, the court observed.
Justice Sachin Shankar Magadum passed the order while dismissing a criminal revision petition filed by Shakuntala questioning the conviction and sentence order dated August 23, 2023 passed by a trial court which was also affirmed by the appellate court.
