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PUNJAB & HARYANA HIGH COURT
Ram Chand Gupta, J.
Surender
Versus
State Of Haryana
Criminal Writ Petition No. 1808 of 2010,
Decided On : OCTOBER 11, 2010
Emergency Parole - Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 - Section 3(1)(a), Rule 11 - Summary of Acts and Sections: The court discussed Section 3 of the Act, which provides for the temporary release of prisoners on certain grounds, and Rule 11, which limits the number of times a convict can be granted parole during a calendar year. The court highlighted the provisions related to the release of a convict on parole, the grounds for such release, and the limitations on the number of parole grants.
Fact of the Case:
The petitioner sought emergency parole on the ground that his wife was pregnant and due to deliver soon. The State had declined the request citing the petitioner's previous parole grants during the calendar year.
Finding of the Court:
The court found that the petitioner had already availed parole twice during the calendar year and had just returned from parole about a month ago. The court concluded that there was no illegality or material irregularity in declining the petitioner's request for further release on parole.
Issues: The main issue was whether the petitioner was entitled to emergency parole for the impending delivery of his wife despite having already availed parole twice during the calendar year.
Ratio Decidendi: The court relied on Section 3(1)(d) of the Act and Rule 11, which limited the number of times a convict could be granted parole during a calendar year, to determine that the competent authority did not commit any illegality in declining the petitioner's request for further release on parole.
Final Decision: The court dismissed the petition, finding no merit in the petitioner's claim for emergency parole.
Ram Chand Gupta, J.
1. The present petition filed under Article 226 of the Constitution of India read with Section 3(1)(a) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter to be referred as the `Act) is for issuance of direction to the respondents to release the petitioner on emergency parole for four weeks on the ground that his wife is pregnant and the due date of delivery is 15.10.2010.
2. Reply on behalf of the respondent-State has been filed today in Court.
3. I have heard learned counsel for the parties and have gone through the whole record carefully.
4. Petitioner-accused is undergoing sentence of five years in FIR No. 358/1993, dated 20.11.1993, under Sections 392/397. Police Station Sadar Bahadurgarh, District Rohtak, and sentence of three years in FIR No. 363/1993, under Section 25 of the Arms Act, Police Station Bahadurgarh, District Rohtak. He has already undergone three years six months and four days of sentence including under-trial period and excluding parole period. He has already availed four months and 13 days parole after his conviction.
5. It has been specifically averred in reply filed on behalf of the State that petitioner has availed four weeks parole from 17.2.2010 to 18.3.2010 and six weeks parole from 27.7.2010 to 8.9.2010 in this calendar year and hence he is not entitled for another parole as per Sub Rule 3 of Rule 11 of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007 (hereinafter to be called as the `Rules) framed under the Act.
6. It has been contended by learned counsel for the petitioner that it is an emergent cause for the petitioner to be released on parole as he has to look after his wife.
7. Section 3 of the Act provides for release of a convict on parole, which reads as under :-
"Temporary release of prisoners on certain grounds. - (1) The State Government may, in consultation with the District Magistrate or any other officer appointed in this behalf, by notification in the Official Gazette and subject to such conditions and in such manner as may be prescribed, release temporarily for a period specified in sub-section (2) any prisoner if the State Government is satisfied that :-
(a) a member of the prisoners family had died or is seriously ill; or the prisoner himself is seriously ill; or
(b) the marriage of the prisoner himself, his son, daughter, grandson, grand daughter, brother, sister, sisters son or daughter is to be celebrated; or
(c) the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation on his land or his fathers undivided land actually in possession of the prisoner; or
(d) it is desirable to do so for any other sufficient cause.
(2) The period for which a prisoner may be released shall be determined by the State Government so as not to exceed - (a) where the prisoner is to be released on the grounds specified in clause (a) of sub-section (1), three weeks;
(b) where the prisoner is to be released on the ground specified in clause (b) or clause (d) of sub-section (1), four weeks; and
(c) where the prisoner is to be released on the grounds specified in clause (c ) of sub-Section (1) six weeks : Provided that the temporary release under Clause(c) can be availed more than once during the year, which shall not, however, cumulatively exceed six weeks.
(3) The period of release under this Section shall not count towards the total period of sentence of a prisoner.
4. The State Government may, by notification, authorise any officer to exercise its powers under this section in respect of all or any of the ground specified thereunder."
8. However, Government of Haryana framed Rules under the said Act. Relevant Rule 8 of the said Rules provides that the following be considered as sufficient cause as provided under Section 3(1)(d) of the Act. The same reads as under :-
"8. Sufficient cause. [Sections 3(1)(d) and 10(2))(d)]. - Under Section 3(1)(d) "sufficie
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