The petitioner, now a hardcore prisoner, did not apply for release under the appropriate section of the Act, making the emergency parole petition not maintainable.

JUDGMENT

Rakesh Kumar Jain, J. - The petitioner, a life convict, presently lodged in District Jail, Gurugram, has filed this petition for seeking emergency parole for 4 weeks under Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 [for short 'the Act'] and Rules 8 & 10(i) of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007 [for short 'the Rules'] to enable him to get his children admitted in Class V and VIII respectively.

2. In brief, the petitioner was tried in a case registered vide FIR No.115 dated 11.4.2010 under Sections 302, 148, 149, 323, 324 & 447 of the IPC at Police Station Gannaur, District Sonepat by the Additional Sessions Judge, Sonepat and has been sentenced to life imprisonment by order dated 30.03.2013. He was also tried in FIR No.610 dated 1.12.2015 registered under Section 9 of the Act and was convicted by SDJM, Gannaur, Sonepat for a period of one year. He was given furlough for two weeks on 6.11.2015 and was directed to surrender before the jail authorities on 21.11.2015 in compliance of the order of the District Magistrate, Sonepat but he did not surrender on the due date rather he was arrested on 3.12.2015 by the local police and a case was registered against him vide FIR No.614 dated 2.12.2015 at Police Station Gannaur, Sonepat.

3. According to the respondents, the petitioner had overstayed for 12 days. The petitioner had also allegedly quarreled with the other inmates while he was in District Jail, Kurukshetra and was awarded punishment of warning in terms of para 612(1) of the Punjab Jail Manual and was kept in security ward.

4. Learned counsel for the petitioner has submitted that even if the petitioner had overstayed the furlough, he is still entitled to the benefit of parole and has referred to Rule 10 of the Rules, which read as under: -

"10. Consequences of overstay. [Section 10(2)(d)]

A convict, who does not surrender in jail on the due date and time after availing the granted parole/furlough his further parole/furlough shall be considered as under

(1) if the convict overstays 15 days of his parole/furlough, his parole/furlough case shall not be entertained by the superintendent of Jail earlier than one year from the date of his surrender/arrest;

(2) if the convict overstays 30 days or more of his parole/furlough his case shall not be entertained by the Superintendent of Jail earlier than two years from the date of his surrender/arrest."

5. Learned counsel for the petitioner has further referred to Rule 8 of the Rules to contend that admission in school of the children is defined as sufficient cause in terms of Section 3(1)(d) of the Act. He has further submitted that even if he had overstayed the period of his parole/furlough, his application would be considered after a period of one year after his surrender/arrest. In support of his submission, he has relied upon a decision rendered by the Division Bench of this Court in CRWP No.443 of 2016 titled as "Manoj Vs. State of Haryana etc" decided on 8.7.2016.

6. On the other hand, learned counsel for the respondents has submitted that since the petitioner had failed to surrender within a period of 10 days from the date he was directed to surrender after the completion of period of his furlough, his case would fall within the category of hardcore prisoner and has referred to Section 2(aa)(v) of the Act, which is reproduced as under:-

"Who failed to surrender himself within a period of ten days from the date on which he should have so surrendered on the expiry of the period for which he was released earlier under this Act."

7. It is further submitted that since the petitioner had overstayed the period of his furlough for more than 10 days, therefore, being a hardcore prisoner he could not have filed the application under Section 3(1)(d) of the Act as the special provision for temporary release of hardcore prisoner is provided in Section 5A of the Act which is reproduced as under: -

"5A. Special Provis