IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl.M.No.M-30287 of 2009
Date of Decision: 5.11.2009.
Pardeep Kumar
..........Petitioner.
Versus
State of Haryana and others
..........Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH.
Present: Mr.H.S.Jaswal,Advocate for the petitioner.
Mr.Naveen Malik,AAG Haryana assisted by
Mr.JS Yadav,Advocate.
1. To be referred to the Reporter or not ?
2. Whether the judgement should be reported in the Digest ?
JASWANT SINGH,J.
The instant petition under Section 482 of the Code of Criminal
Procedure has been filed praying for extension of parole for another four
weeks w.e.f. 29.10.2009.
Petitioner, who is lodged in District Jail, Sonepat is undergoing
rigorous imprisonment for life in case FIR No. 62 dated 13.4.2007 under
Section 302/34 IPC and 25 of the Arms Act, registered at PS Sadar
Sonepat, following his conviction and sentence by the learned Additional
Sessions Judge (FTC) Sonepat vide judgment and order dated 21.3.2009.
He was granted parole by this Court for appearing in B.A. Examination
w.e.f. 30.9.2009 to 29.10.2009 and he was required to surrender on
29.10.2009.
It is stated that on 25.10.2009, wife of the petitioner fell down
Crl.M.No.M-30287 of 2009 2
from the roof and received serious injuries on her person and accordingly
she was admitted to General Hospital, Sonepat in Surgical Ward vide Bed
Head Ticket dated 25.10.2009 (Annexure P/1). It is alleged that since there
is no one to take care of petitioner’s wife as rest of his family members are
also in custody being convicted in the same case, the petitioner made an
application dated 26.10.2009 to respondent no.2- Superintendent, District
Jail, Sonepat for extension of parole and thereafter he filed the present
petition.
This Court, vide order dated 28.10.2009 issued notice of motion
for 29.10.2009, on which date learned State counsel prayed for an
adjournment for filing reply. Accordingly the case was adjourned to
5.11.2009 for filing reply and the parole period of the petitioner was
ordered to be extended till the adjourned date i.e. today.
Reply on behalf of respondents 1 to 3 has been filed in Court
which is taken on record. Copy thereof has been supplied to the counsel for
the petitioner.
Counsel for the parties have been heard at length.
It has come on record, by way of report of SHO PS Sadar,
Sonepat(Annexure R/1) attached with the written statement, that Nisha wife
of petitioner who was reported to be admitted in General Hospital, Sonepat
has been discharged from the hospital on 30.9.2009. It has further been
given out in the written statement and not disputed by the counsel for the
petitioner that as per Section 3(a) of the Haryana Good Conduct Parole
(Temporary Release) Act,1988, a prisoner can be ordered to be temporarily
released if a member of his family has died or is seriously ill, or the
Crl.M.No.M-30287 of 2009 3
prisoner himself is seriously ill. Therefore, in view of the report that wife of
the petitioner has been discharged, no request for extension of parole can
be entertained.
It has also remained undisputed that the petitioner remained as
an undertrial prisoner from 19.4.2007 to 20.3.2009 and after his conviction
he has not completed one year of imprisonment. It is also not disputed that
as per Rule (1) of Rule 4 of Haryana Government Parole Rules,2007, a
prisoner is entitled to apply for parole only after he has completed one year
of imprisonment after conviction and has earned his first annual good
conduct remission under the Act. Thus, the petitioner otherwise was not
eligible to apply for parole before 30.3.2010 i.e. before earning his first
annual good conduct remission.
For the aforesaid reason, no ground for extending the parole is
made out.
Dismissed.
5.11.2009. (JASWANT SINGH) joshi JUDGE