Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Tejinder Singh Dhindsa, Lalit Batra, JJ.
Umed - Appellant
Versus
State Of Haryana & Ors. – Respondents
CRWP-943-2022 (O&M)
Decided On : 10-02-2022
Temporary Release - Prisoner's Entitlement for Parole - Section 3 of the Good Conduct Prisoners (Temporary Release) Act, 1988 - [Sections 147/148/149/323/325/506/302/307 IPC, Sections 25/27 of the Arms Act] - The court discussed the provisions of Section 3 of the Act, emphasizing that a prisoner is entitled to parole if a member of the prisoner's family has died or is seriously ill, or the prisoner himself is seriously ill. Temporary release can also be considered for the marriage of the prisoner himself or close relative, or for any other sufficient cause. The court held that the restriction of one year imprisonment after conviction imposed by the rules cannot supersede the substantive provisions of the Act, citing previous judgments in support of this interpretation.
Fact of the Case:
The petitioner, who had been convicted and sentenced to undergo RI for life, filed a petition assailing the order declining his application for parole to attend the marriage of his niece and nephew.
Finding of the Court:
The court found that the impugned order declining the petitioner's parole application cannot sustain, as it did not consider the provisions of Section 3 of the Good Conduct Prisoners (Temporary Release) Act, 1988.
Issues: The main issue was the eligibility of the petitioner for temporary release on parole to attend the marriage of his niece and nephew, considering the one-year imprisonment requirement after conviction.
Ratio Decidendi: The court held that the restriction of one year imprisonment after conviction to be eligible for temporary release cannot supersede the substantive provisions of the Act, as per the interpretation of Section 3 of the Act and previous judgments.
Final Decision: The impugned order was set aside, and the petitioner was directed to be released on parole for a period of one week to attend the marriage of his niece and nephew, with the requirement to report back to the Jail Authorities on a specified date and time.
JUDGMENT
Tejinder Singh Dhindsa, J. (Oral). - Matter has been taken up through Video Conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.
With the consent of the counsel for the parties, the instant petition is taken up for final disposal today itself.
2. Petitioner stands convicted vide judgment dated 02.03.2021 passed by the learned Additional Sessions Judge, Hisar and has been sentenced to undergo RI for life in case FIR No.75, dated 14.03.2017, under Sections 147/148/149/323/325/506/302/307 IPC and Sections 25/27 of the Arms Act, registered at Police Station Sadar Hansi, District Hisar.
3. Instant petition has been filed assailing the order dated 24.01.2022 (Annexure P-1) passed by the Superintendent of Prison, Central Prison-I, Hisar in terms of which an application preferred by the brother-in- law of the petitioner seeking concession of parole to the petitioner to attend the marriage of his niece and nephew has been declined.
Counsel for the parties have been heard at length.
4. It has gone uncontroverted that the application that had been preferred by the brother-in-law of the petitioner was for concession of parole to the petitioner on the ground that the marriage of his niece and nephew is slated from 17.02.2022 onwards.
5. Perusal of the impugned order dated 24.01.2022 (Annexure P-1) declining the prayer for parole would show that the same has been declined on the solitary ground that the petitioner has not completed one year of imprisonment after conviction and as such, the claim is barred in terms of Rule 4 (1) of the Haryana Good Conduct (Temporary Release) Rules, 2007.
6. Learned State counsel otherwise submits that it stands verified that the marriage of the niece as also nephew of the petitioner has been fixed for 18/19.02.2022.
7. We are of the considered view that the impugned order dated 24.01.2022 at Annexure P-1 passed by the Superintendent of Prison, Central Prison-I, Hisar, cannot sustain.
8. Section 3 of the Good Conduct Prisoners (Temporary Release) Act, 1988 reads in the following terms:
'3. Temporary release of prisoners on certain grounds-- (1) the State Government may, in consultation with the District Magistrate or any other officer appointed in this behalf, by notification in the official Gazette 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 or the prisoner himself is seriously ill; or (b) the marriage of prisoner himself, his son, daughter, grandson, grand-daughter, brother, sister, sister's son or daughter is to be celebrated;or (c) the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation on his land or his father's undivided land actually in possession of the prisoner; or (d) it is desirable to do so for any other sufficient cause (2) The period for which a prisoner may be released shall be determined by the State Government so as not to exceed- (a) Where the prisoner is to be released on the grounds specified in clause (a) of sub-section (1), three weeks; (b) Where the prisoner is to be released on the ground specified in clause (b) or clause (d) of sub-section (1), four weeks; and
(c) where the prisoner is to be released on the grounds specified in clause (c) of sub-section (1), six weeks: Provided that the temporary release under clause ? can be availed more than one during the year, which shall not, however, cumulatively exceed six weeks. (3) The period of release under this section shall not count towards the total period of sentence of a prisoner. (4) The State Government may, by notification, authorise any officer to exercise its powers under this section in respect of all or any other ground specified there under.'
9. In terms of Section 3, a prisoner is entitled
The restriction of one year imprisonment after conviction to be eligible for temporary release on parole cannot supersede the substantive provisions of the Good Conduct Prisoners (Temporary Release) ....
The court's decision emphasized the consideration of the petitioner's clean record and the necessity for his presence at his sister's marriage in granting interim bail, despite the provisions categor....
The paramount importance of the father's presence in family rituals and events, as well as compliance with custody certificates, can be considered in granting custody parole under The Haryana Good Co....
House repair constitutes 'sufficient cause' for parole under the Good Conduct Act, and specific conditions can be imposed to ensure the safety and security of the victim and her family members during....
The decision emphasized the statutory framework governing temporary release of prisoners and the limitations on authorities' discretion in denying parole.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
