The computation of the five-year period for parole eligibility should be based on the date of the commission of the offence, and parole applications must raise genuine grounds.

Judgment

Mr. Sureshwar Thakur, J.

The present petitioner is undergoing detention in District Jail, Faridabad, in pursuance to a verdict of conviction and consequent thereto substantive sentence of imprisonment becoming imposed upon him, by the learned Additional Sessions Judge, Palwal, in case arising from FIR No. 669 of 2017 dated 27.08.2017 registered at Police Station Sadar Palwal, District Palwal, embodying thereins offences under Sections 148/149/302 IPC and Section 25/54/59 of the Arms Act, 1959.

2. During the period of his undergoing the substantive sentence of imprisonment, he preferred an application before the Competent Authority concerned, claiming relief qua his becoming released on parole. The ground as set forth in the said application, is that, he is required to be making the repairs of his house and that he is required to be also meeting his family members. Therefore, he claimed that for the afore purpose, he be released on parole for a period lasting for about 70 days. On the said application, a declining order (Annexure P-1) became rendered.

3. The reason as became set forth in the declining order (Annexure P-1) was banked, upon, the provisions occurring in Section 6(3) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 (hereinafter for short called as the ‘Act of 2022’), provisions whereof become extracted hereinafter.

“Section 6(3) - Notwithstanding anything contained in sub-section (l), a hardcore convicted prisoner, who has not been awarded death penalty or life imprisonment till natural life and has completed five years of his sentence (including maximum two years under trial period), without committing any major jail offence or any cognizable offence during the last five years, shall be entitled for emergency parole or regular parole or furlough at par with convicted prisoners. Such period of five years shall be counted from the date of his latest offence or act which falls under the category of hardcore convicted prisoner: Provided that a hardcore convicted prisoner who has been sentenced for imprisonment till natural life shall be eligible for emergency parole on regular parole at par with convicted prisoners only after completion of seven years of imprisonment after conviction:

Provided further that if the hardcore convicted prisoner so released temporarily violates any condition of parole or furlough or commits any cognizable offence, he shall be debarred from such release for next five years.”

4. The afore stated reason banked upon the provision (supra), makes echoings that since the prisoner had committed a jail offence, inasmuch as, his being found to be in illegal possession of a mobile phone, thus during the phase of his suffering incarceration in the prison concerned. Therefore, when he became sentenced to a fine of Rs.1000/- by the learned JMIC, Faridabad on 01.02.2021. In sequel, in terms of Section 2 (iv) of the ‘Act of 2022’ he was termed to be falling in the category of hard core prisoners.

5. Consequently, in terms of the provisions contained in Sub Section (3) of Section (6) of the ‘Act of 2022’, whereins, vis-a-vis a hard core convicted prisoner, who has not been awarded death penalty or life imprisonment till natural life, and, has completed five years of his sentence (including maximum two years under trial period), but yet when he has also not committed any major jail offence or any cognizable offence, during the last five years, thus the provision (supra), bestowing a privilege upon the prisoner concerned, to seek emergency parole or regular parole or furlough at par with the convicted prisoners.

6. Though the present petitioner became sentenced to undergo life imprisonment by the learned Additional Sessions Judge, Palwal, through a sentencing order drawn on 16.08.2022, and, though his entitlement for his becoming released on parole, from the prison concerned, became spurred from his completing five years of the afore substantive sentence of imprisonment, thus to be compute