S. S. SARON, J.

(1) REPLY by way of affidavit of Sh. L.S. Jakhar, Superintendent, Central Jail, Patiala, on behalf of respondent Nos.1 and 2 filed in Court today, is taken on record.

(2) HEARD counsel for the parties. The petitioner-Gurpreet Singh has been convicted by the learned Sessions Judge, Roopnagar on 08.09.2011 for commission of offences punishable under Section 302 of the Indian Penal Code ('IPC for short) and Section 27 of the Arms Act, 1959. By a separate order passed on 10.09.2011, the petitioner has been sentenced to undergo imprisonment for life for commission of an offence punishable under Section 302; besides, pay a fine of Rs.5000/- and in default of payment of fine, to undergo further rigorous imprisonment of one year. He has also been convicted for seven years for the commission of an offence punishable under Section 27 of the Arms Act; besides, to pay a fine of Rs.2000/- and in default of payment of fine to undergo rigorous imprisonment for six months. Against the said orders of conviction and sentence, the petitioner has filed Criminal Appeal No.908- DB of 2011 which was admitted by this Court on 30.09.2011.

(3) THE present petition has been filed by the petitioner for grant of emergency parole for four weeks as the mother of the petitioner namely Smt. Charanjeet Kaur is unwell and is under treatment at PGI, Chandigarh and she has been advised to undergo an operation immediately. THE father of the petitioner, it is stated, has expired.

(4) LEARNED counsel for the petitioner has referred to the application (Annexure P-l) submitted by the petitioner on 27.09.2011 for his release on parole so that he can get the operation of his mother done from PGI, Chandigarh. A reference has also been made to the OPD Card (Annexure P-2) issued by PGI, Chandigarh whereby an immediate operation has been advised and cardiac blocked for 10 days is recorded which is stated to be 90%. In the history of the patient, it is mentioned that the father of the patient was patient of cardiac blockage and the husband is also patient of cardiac blockage. It is submitted that the patient i.e. the mother of the petitioner be admitted on 01.10.2011. In terms of the reply that has been filed it is stated that the application (Annexure P- 1) that has been filed by the petitioner for grant of emergency parole cannot be processed in view of the proviso to sub-rule (2) of rule 3 of the Punjab Good Conduct Prisoners (Temporary Release) Rules, 1963 ('Rules' for short). The said proviso envisages that no application for parole shall be processed by the Superintendent of Jail unless the prisoner had maintained good conduct after his conviction at least for four months in jail. Therefore, it is submitted that the petitioner has been convicted on 08.09.2011 and thereafter sentenced on 10.09.2011 and a period of four months after conviction has not lapsed. Besides, it is stated that the report regarding the condition of health of the mother of the petitioner was sought on telephone from SHO, Police Station City Ropar and he reported that the mother of the petitioner is not admitted in PGI, Chandigarh and, in fact, she is at her home and in sound health. Therefore, there is no need to release the petitioner on parole. (5) WE have given our thoughtful consideration to the contentions raised by learned counsel for the parties.

(6) THE provisions of Section 3(l)(a) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 ('Act' for short) provides for temporary release of prisoners on certain grounds. Section 3(1)(a) of the Act reads as under:- 3. Temporary release of prisoners on certain grounds:- (1) THE State Government may, in consultation with the District Magistrate 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 prisoner's family had died or is seriously ill"

The above pro