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2017 Supreme(P&H) 2898
IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
Hon’ble Mr. Justice Mahesh Grover
Hon’ble Mr. Justice Raj Shekhar Attri
CRWP-1266 of 2017(O&M)
Govind
v.
State of Haryana & Ors.
{Decided on 20/11/2017}
For the Petitioner:Ms. Sarla Chaudhary, Advocate
For the Respondent: Ms. Kirti Singh, DAG, Haryana.
Parole – Emergency Parole – Fact that the petitioner has availed of the benefit of parole for some other reason would not disentitle him to parole on statutory available ground – Parole granted.
Headnote:Haryana Good Conduct Prisoners Temporary Release Act, 1988, S.3 – Parole – Emergency Parole – Sought for attending marriage of petitioner’s brother – Held; the fact that the petitioner has availed of the benefit of parole for some other reason would not disentitle him to parole on statutory available ground – Parole granted. (Para 3)
Mr. Mahesh Grover, J (Oral):- The present petition has been filed under Article 226 of the Constitution of India for grant of emergency parole on the ground that the marriage of petitioner’s brother is scheduled for 23.11.2017.
2. The factum of marriage is not denied by the respondents and the reason stated in the rejection order as also before us is that the petitioner has already availed of parole to get his ward admitted to the school, for a period of four weeks’, which would clearly disentitle him to any other similar benefit under the Rules.
3. On due consideration of the matter, we are of the opinion that the emergency parole for the purpose set out in the petition is covered under Section 3(1) (b) of the Haryana Good Conduct Prisoners’ Temporary Release Act 1988 and the fact that the petitioner has availed of the benefit of parole for some other reason would not disentitle him to parole on this ground.
4. Consequently, we accept the petition and direct that the petitioner be released on parole for a period of one week commencing from 22.11.2017. He would be required to surrender before the jail authorities on 29.11.2017.
5. Criminal Writ Petition stands allowed.
