SAROJ SAKSENA, J. - (1.) ALL the Criminal Misc. Applications are allowed.
(2.) PETITIONER 's counsel submits that petitioner's father expired on 12.9.1994. He is undergoing imprisonment under Section 302 I.P.C. vide order dated 18.5.1994. He was arrested on 10.9.1991, thus he has undergone imprisonment for more than 3 years. His conduct remained good and satisfactory inside the Jail. He has not committed any jail offence. He applied for grant of emergency parole on 13.9.1994. His petition was recommended by Superintendent of Jail on 20.9.1994. Despite instructions of the Haryana Government (Letter No. 4646-5--JJ-77/22774 dated 15.8.1977), his petition was not decided expeditiously. Hence it is prayed that three weeks emergency parole be granted to him to perform last ceremonies on the death of his father. Respondents counsel submits that the Superintendent of Police, Faridabad by his report dated 8.10.1994 and District Magistrate, Faridabad by his report dated 20.10.1994 have expressed that petitioner's parole can endanger the life of the eye witnesses of that case. Hence his release was not recommended and prayer was not granted. It is not disputed that the petitioner has maintained good conduct in the Jail and has not been punished for any jail offence. Under Section 6 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988. Such a prayer can be refused on the ground that the petitioner's parole is likely to endanger the security of the State Government or the maintenance of the public order. Respondents counsel has filed attested copies of the aforesaid reports of Superintendent of Police and District Magistrate, Faridabad which only express that the petitioner has been convicted in a murder case. He is having strong enmity with the eye witnesses of that case and on this count alone release on parole was not recommended. Thus it is apparent that on this mere apprehension that the petitioner is having a strong enmity with the eye witnesses of murder case, his petition for releasing him on emergency parole was not recommended. Considering the facts of the case, the petition is hereby allowed. Three weeks emergency parole is granted to the petitioner. The respondents are directed to release the petitioner temporarily on parole for a period of three weeks on his furnishing adequate surety to the satisfaction of the District Magistrate, Faridabad. After availing the parole the petitioner is directed to surrender before the concerned authorities. Petition allowed.;