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2017 Supreme(P&H) 2696

SURINDER GUPTA
Surjeet Singh – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appellant :B.S. Jatana, Advocate
For the Respondent: Ashish Yadav, Addl. AG

JUDGMENT :

Surinder Gupta, J.

The question, which arises for consideration in this petition is how to compute period of five years bar, prohibiting grant of parole or furlough to convicted hardcore prisoners as provided in Sub Section (2) of Section 5A of the Haryana Good Conduct Prisoners (Temporary Release) Act (later referred to as 'the Act of 1988'), as amended vide Haryana Act No. 16 of 2015.

Section 5A of the Act of 1988 reads as follows:-

"5A Special provisions for temporary release of hardcore prisoners - (1) Notwithstanding anything contained in sections 3 and 4, no hardcore prisoner shall be entitled to temporary release or furlough.

Provided that a hardcore prisoners may be released on temporary basis to attend the marriage of his grand child or sibling, or death of his grand parent, parent, grand parent-in-laws, parent-in-laws, sibling, spouse, child or grand child under an armed police escort, for a period of forty-eight hours, to be decided by the concerned Superintendent of Jail;

Provided further that a hardcore prisoner may be released on temporary basis to attend the marriage of his daughter for ninety-six hours and for the marriage of his son for seventy-two hours under

















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