Jaspal Singh, J. - (1.)The petitioner was an officer holding a permanent commission in the Regular Army and was attached to the Rajputana Rifles Regimental Centre. On August 8, 1988 he was charged as follows:
"Deserting the service, in that he, at Delhi, on 11 Mar 87, absented himself without leave from his unit until apprehended by the civil police on 1 Jan 88"

He was, thereupon, tried by General Court Martial which finding him guilty, sentenced him "a) to be cashiered; and b) to suffer regorious imprisonment for five years"

(2.)This was on September 2, 1988. On December 6, 1988 the Chief of the Army Staff confirming the finding and sentence so awarded directed that the sentence of rigorous imprisonment be carried out by confinement in civil prison.
(3.)From the material on the record, it appears that as far as the sentence in question is concerned, the petitioner was admitted in Jail on December 6, 1988. After his admission in the civil Jail on December 6, 1988, the petitioner was granted parole from September 9, 1989 to February 9, 1990. However, he did not surrender after the expiry of the parole period and it was only on January 13, 1995 that he was re-arrested.