Judgment RAJENDRA SAXENA, J, J. ( 1 ) THE petitioner, who was convicted for the offence under section 302 I. P. C. and sentenced to life imprisonment by the learned Sessions Judge, Bharatpur by his judgment dated 31. 8. 1982 and who is undergoing sentence in Open Camp Jail, Sanganer, submitted an application before the Honble Supreme Court c r India alleging that since he has undergone sentence for a period of more than 16 years including the remission and the period of his detention, he has now become entitled to be released on permanent parole and prayed that the respondents be directed to consider his case for releasing him on permanent parole under the provisions of Rajasthan Prisons (Shortening of Sentences) Rules, 1958. His petition has been transmitted to this Court by the Apex Court. ( 2 ) THE respondent in their counter have submitted that up to 31st March, 1994 the petitioner has undergone substantive sentence from 31. 8. 1982 for a period of 11 years and 7 months and the under trial period of his detention from 8. 10. 1981 to 31. 8. 1992 was 10 months and 23 days. Thus up to 31st March, 1994 he has served out the sentence for a period of 12 years, 5 months and 23 days only and that keeping in view the specific provisions of section 433a Cr. P. C. he has not undergone 14 years of substantive sentence and such he is not eligible for consideration for permanent parole under the Rules of 1958. ( 3 ) WE have heard Shri M. K. Garg the learned Amicus Curiae and Dr. S. S. Bhandawat the learned Additional Advocate General at length. ( 4 ) SECTION 433a Cr. P. C. specifically lays down that nothwithstanding anything contained in Section432, where a sentence of imprisonment for life is imposed on conviction of a person for an offencefor which death is one of the punishment provided by law, such person shall not be released fromprison unless he had served at least fourteen years of imprisonment. ( 5 ) IN Maru Ram and Ors. v. State U. P. , the constitutional validity of section 433a Cr. P. C. has been upheld and it has been held that section 433a Cr. P. C. , which was inserted in the Cr. P. C. by Amendment Act of 1978 is prospective. ( 5 ) IN Maru Ram and Ors. v. State U. P. , the constitutional validity of section 433a Cr. P. C. has been upheld and it has been held that section 433a Cr. P. C. , which was inserted in the Cr. P. C. by Amendment Act of 1978 is prospective. In the instant case the petitioner was found guilty by the learned Sessions Judge on 3 1. 8. 1982 i. e. much after 18th Dec. , 1978, when Section 433a came into operation. Therefore, keeping in view the unambiguous provisions of Section 433a Cr. P. C. , the petitioner can only be eligible for consideration of shortening of his sentence and for permanent parole after he has undergone the substantive sentence including the under trial period of detention for a period of fourteen years. ( 6 ) IN view of this the petitioner is not entitled for consideration of permanent parole at this stage Accordingly this petition is hereby dismissed. However, the petitioner after undergoing the sentence of 14 years shall be eligible for consideration for permanent parole by the competent authorities. A copy of this order be sent to the Superintendent Central Jail, Jaipur, who in his turn will intimate the petitioner accordingly. Petition dismissed.