Mr. S.S. Saron, J.: - Heard, learned counsel for the parties.

2. The criminal writ petition has been filed under Articles 226/227 of the Constitution of India for release of the petitioner on emergency parole to enable him to look after his ailing wife and new born daughter.

3. The petitioner is undergoing life imprisonment at District Jail, Rohtak after his conviction in a case under Section 302 read with Section 34 Indian Penal Code. The wife of the petitioner gave birth to a daughter and his wife after delivery has been suffering from pain and cervical spondylitis and has also low back pain. She is unable to walk, which is similar to paralysis. On the last date of hearing, learned counsel for the petitioner had produced medical certificates in respect of his wife from the Pt. B.D. Sharma PGIMS, Rohtak, whereby complete rest for three weeks has been adviced to his wife.

4. In terms of the reply filed by the respondent, the paralytic condition of the wife of the petitioner is not denied, however, it is stated that in view of notification dated 18.12.2007, a prisoner is entitled to apply for parole only after, he has completed one year of imprisonment after conviction and has earned his first annual good conduct remission under the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for short ‘the Act’). It is submitted that the petitioner was convicted on 26.09.2013. Therefore, he has not completed one year imprisonment after conviction and has not earned his first annual good conduct remission after conviction.

5. We have given our thoughtful consideration to the matter. It may be noticed that in terms of Section 3 (1)(a) of the Act, a prisoner is entitled for parole if a member of the prisoner’s family has died or is seriously ill or the prisoner himself is seriously ill. The restriction of one year of imprisonment after conviction to be eligible for temporary release has been imposed by way of Rule 4 of the Haryana Good Conduct Prisoners (Temporary Release) Rule 2007 (for short ‘the Rules), which was published in the Haryana Government Gazette (Extra) Legislative Supplement Part III dated 18.12.2007. There being no such restriction in the Act, the Rules cannot supersede substantive provision of the Act.

6. The wife of the petitioner admittedly is seriously ill and, therefore, there is no reason to decline him parole as per his entitlement.

7. In the circumstances, the criminal writ petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the District Magistrate, Rohtak shall be released on parole for a period of three weeks, to be counted from the date of his release.

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