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High CourtsSingle Bench(2012) 01 P&H CK 0186

Noordin vs State of Haryana and another

Punjab And Haryana At Chandigarh · Decided on 6 January 2012

HON’BLE JUDGES
Ritu Bahri, J
CASE NUMBER
Criminal W.P. No. 2156 of 2011 (O and M)

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Judgment

6 paragraphs · 354 words

Ritu Bahri, J.—Petitioner has filed this petition under Article 226 of the Constitution of India for issuing a direction to respondent No. 1 to grant emergency parole to the petitioner for medico-treatment of his daughter by ignoring period of one year after conviction required under sub-rule 4(1) of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007.

2.

On notice, reply has been filed by the Superintendent, District Jail, Gurgaon, stating that the petitioner is undergoing 5 years R.I. In FIR No. 20 dated 18.4.2007 under Sections 7/8/13/49/88 of PC Act, PS SVB (H) Gurgaon after conviction by the Court of Special Judge, Nuh, on 24.2.2011. He has not completed one year as contemplated u/s 4(1) of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007 and he is not entitled to the grant of parole.

3.

The petitioner has been in custody for 9 months and 15 days as per the affidavit filed on 3.1.2012. The Superintendent, District Jail, Gurgaon, after verification has informed the Court that the daughter of the petitioner is suffering from enteric with Anaemia and is admitted in CHC Hathin (Palwal) for treatment. The report of the Medical Officer is Annexure R1. As per the report, she is required to be admitted for 15 days as the decease is serious in nature.

4.

A Division Bench of this Court in Jai Pal v. State of Haryana and others (Crl. W.P. No. 423 of 2011 decided on 25.2.2011) has considered the applicability of the condition of one year as per Rule 4(1) of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007 and has granted emergency parole in a case where the convict had been in jail for a period of less than one year.

5.

In view of the above, a case for grant of emergency parole is made out. Accordingly, respondent No. 1 is directed to release the convict on parole from 11.1.2012 to 26.1.2012 subject to his furnishing bail bonds to the satisfaction of District Magistrate, Mewat. The petitioner shall surrender to the Superintendent, District Jail, Gurgoan, on 27.1.2012 at 10:00 A.M.

6.

Petition is disposed of.