JUDGMENT

Deepak Manchanda, J. (Oral)

This petition has been filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C for issuance of directions to the respondents for releasing the petitioner for 15 days on emergency parole under Section 3 (1)(d) of the Punjab Good Conduct Prisoners(Temporary Release) Act 1988 to enable him to meet his mother, who is at her last stage and is in serious condition, suffering from diabetic nephropathy/CKD/S. Anemia.

2. This petition had been filed on 20.04.2003 seeking the aforesaid relief. But during the arguments learned counsel for the petitioner on instructions from his client submits that the mother of the petitioner has unfortunately expired yesterday and he prays that the petitioner be allowed to attend the funeral ceremony as well as the mourning rituals of his mother. Learned counsel submits that the petitioner has filed CRA-S-1174-2022, which stands admitted, whereby the petitioner had been convicted and sentenced under Section 3 79B of IPC and to undergo RI for 5 years and to pay a fine of Rs.10,000/- and further convicted under Section 451 of IPC and to undergo RI for 3 years and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo further RI for 1 month and application for suspension of sentence vide CRM-39643-2022 is listed for 09.05.2023.

3. Learned counsel further submits that the petitioner has already undergone in custody of 1 year and 7 months out of 5 years and has never availed any parole or furlough since the date of his arrest till he is confined in jail and is a first time offender.

4. Notice of motion.

5. On the asking of the Court, Mr. P.S. Grewal, DAG, Punjab, who is present in the Court, accepted notice and was directed to verify the factum of the death of mother of the petitioner. After receiving instructions from SI Satwinder Singh, learned State counsel submits that the mother of the petitioner has expired on 20.04.2023 at 9.00 PM and has produced a copy of the application dated 20.04.2023 vide which permission for keeping the dead body in the mortuary was granted to the family members of the petitioner. He further submits that the factum of death of the mother of the petitioner has been verified from the Numberdar of the village Dehriwal Block Tanda, District Hoshiarpur, who has also admitted the same and has placed a photocopy of the verification conducted by police official of Police Station Tanda dated 21.04.2023. Learned State counsel has not disputed the fact that the petitioner has never availed any parole or furlough since the date of his arrest till the date he is confined in jail and is a first time offender.

6. Keeping in view the aforesaid circumstances and as per the provisions of Section 3 of The Punjab Good Conduct Prisoners(Temporary Release) Act, 1962 (for short the 'Act'), which provides for temporary release of prisoners on certain grounds and the same reads as under:-

3. Temporary release of prisoners on certain grounds.- (1) The State Government may, in consultation with the District Magistrate 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 has died; or

(aa) husband or wife or son or daughter or father or mother or brother or sister or grand-father or grand-mother or grandson or grand-daughter or father-in-law or mother-in-law of the prisoner is seriously ill; or]

(b) the marriage of the prisoner's son or daughter is to be celebrated; or

(c) the temporary release of the prisoner is necessar