IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl.W.P. No. 883 of 2011 (O and M)
Date of Decision : 13.04.2011
Pal Singh ...... Petitioner.
Versus
State of Punjab and others ..... Respondents.
CORAM: HON’BLE JUSTICE MS. RITU BAHRI.
Present:- Mr. Sandeep Arora, Advocate, for the petitioner.
RITU BAHRI, J. (ORAL).
Notice of motion.
On asking of the Court, Ms. Ambika Luthra, AAG Punjab,
accepts notice on behalf of respondents No. 1 to 3.
Copy of the petition has been supplied to learned State
counsel in the Court.
The petitioner is convicted vide judgment dated 10.4.2003
for offence under Sections 279 and 304 A IPC and was sentenced to
undergo rigorous imprisonment for a period of 1 ½ years and a fine of Rs.
500/- was imposed on him. Vide order dated 11.11.2010, while
dismissing the revision petition, this Court has reduced the sentence of
the petitioner from 1 ½ years to 1 year . As per the judgment, the
petitioner has undergone 3 ½ months of substantive sentence.
Learned counsel for the petitioner contends that after the
revision petition was dismissed,the petitioner had surrendered before the
jail authorities and now he is in custody for the last one month. Prayer is
being made for grant of emergency parole to the petitioner under Section
3 and 4 of the Punjab Good Conduct Prisoners (Temporary Release) Act,
1962, on account of marriage of son of the petitioner, namely, Neeraj
Kumar, which is scheduled to be solemnised on 17.4.2011.
Crl.W.P. No. 883 of 2011 (O and M) -2-
In view of the fact that the petitioner, after dismissal of the
revision petition, had surrendered before the jail authorities and he has
undergone 4 ½ months of actual sentence, his prayer for emergency
parole on account of marriage of his son is allowed. The respondents are
directed to verify the fact that the marriage of the son of the petitioner is
fixed for 17.4.2011. A direction is issued to the respondents to release
the petitioner on emergency parole under the provisions of Section 3 and
4 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962
with effect from 15.4.2011. Since the marriage of the petitioner’s son is
scheduled on 17.4.2011 (Sunday), the petitioner is directed to surrender
before the jail authorities on 20.4.2011 at 5:00 PM.
Petition is disposed of accordingly.
(RITU BAHRI)
JUDGE
13.4.2011
sjks