- (1.) This suo moto writ petition has been registered on the basis of an order dated 30.3.2010 passed by a learned single Judge of this court while hearing Criminal Appeal No. 332-SB of 2002 in which the accused had jumped the parole granted to him. The matter being of considerable importance, detailed facts and figures were sought for by the court which indicate that as on date in the State of Punjab 108 convicts who were released on parole are still absconding whereas in the State of Haryana the number of such convicts is 249 and in the Union Territory, Chandigarh 18 convicts granted parole have been absconding. While in the State of Punjab two convicts have been re-arrested; in the State of Haryana 23 and in the Union Territory 5 convicts have been rearrested. The above figures would go to show that a considerable number of convicts, who have jumped parole, are still at large, though according to both the States of Punjab and Haryana as well as the Union Territory Administration every endeavour is being made to apprehend the absconding convicts. The above, though, according to the learned Amicus Curiae, represent a small percentage of the total number of convicts who have been released on parole, in our considered view, the same would call for certain directions from the court both in the matter of re-arrest of such convicts as well as in the matter of initial grant of parole and the action to be taken in the event the convicts do not report to their respective jails after completion of the period of parole.
(2.) Insofar as the re-arrest of the convicts is concerned, the stand taken by the two States as well as the Union Territory Administration leaves no manner of doubt that efforts are being made to trace out such convicts and re-arrest them. The aforesaid aspect of the case, therefore, can be answered by a direction to the two States as well as the Union Territory Administration to continue the efforts undertaken and to ensure that all such convicts, who have jumped parole, are re-arrested and brought back to their respective jails to suffer the period of sentence imposed on them.
(3.) Insofar as the convicts who fail to report to the concerned jails after the period of parole is over, what is required to be done by the jail authorities is to inform the jurisdictional police station of the said fact so that an FIR can be immediately registered in respect of the incident. After registration of the case under the appropriate sections of the Act viz. sections 8/9 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 due and proper investigation of the facts surrounding the convict's failure to report to the jail has to be made immediately as with the passage of time the re-arrest of an absconding convict would become increasingly difficult. Both the States as well as the Union Territory Administration are directed to ensure that such FIRs are lodged forthwith and investigations are carried out without any delay so that the absconding convicts can be re-arrested and brought back to the jails at the earliest.;