Criminal Misc. No. M-3980 of 2009 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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Criminal Misc. No. M-3980 of 2009 (O&M)
Date of Decision:11.02.2009
Rafal Singh
.....Petitioner
Vs.
State of Haryana and others
.....Respondents
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:- Mr. Rahul Deswal, Advocate for the petitioner.
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JUDGMENT
HARBANS LAL, J.
This petition has been moved by Rafal Singh under Section 482
of the Code of Criminal Procedure read with Section 3(1)(d) of Haryana
Good Conduct Prisoners (Temporary Release) Act, 1988 to quash impugned
order dated 29.1.2009 (Annexure P.1) whereby the prayer of the petitioner
for his release on four weeks’ parole for admission of his children in the
school has been rejected.
The brief facts are that the petitioner was convicted and
sentenced to undergo imprisonment for five years in case FIR No.234 dated
6.8.1993 registered under Section 307 read with Section 34 of IPC at Police
Station Gharaunda. He moved the parole application for admission of his
children in the school, but the same has been rejected by respondent No.4.
The father of the petitioner is about 70 years of age and the brother of the
petitioner is not residing with the petitioner and in these circumstances, the
parole may be granted.
Criminal Misc. No. M-3980 of 2009 (O&M) -2-
I have heard the learned counsel for the petitioner.
In Annexure P.1, order dated 29.1.2009 passed by the District
Magistrate, Karnal, it has been observed that as per the report received from
the Senior Superintendent of Police vide Sr. No.6177 dated 23.1.2009,
during inquiry, it was found that the petitioner has two children out of
whom eldest one is 10 years of age and is studying in 4th Class and the other
one is 8 years of age and is studying in 2nd Class in the Village Government
School. The family of the convict comprises of his wife, brother and father,
who are capable of completing admission formalities. The admission of
children takes place in the first week of April.
In view of these circumstances, the parole has not been
recommended. There is nothing on the record to disagree with these
observations. Consequently, this petition is dismissed.
February 11, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No