V.K.JHANJI,J - (1.) IN this petition, petitioner who is a life convict and presently confined in Central Jail, Ambala, applied for parole under Section 3(1)(A) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, (in short, the Act), on the ground that his mother, Smt. Gindori Devi expired on 14.7.1994. His case for parole was considered and vide order dated 20.7.1994, he was allowed one week's emergency parole on his furnishing personal bond in the sum of Rs. two lacs with two sureties in the like amount. Petitioner has, however, filed the present petition for quashing of this order on the ground that surety amount is too excessive.
(2.) NOTICE of the petition was given to the State, who has filed reply. In reply, it has been stated that the amount of sureties as ordered in the case of petitioner has not been fixed keeping in view the family condition of the convict, but has been fixed keeping in view the fact that many convicts when released on parole, do not surrender after expiry of parole period. After hearing learned counsel for the parties, I am of the view that the justification put forth for asking the convict to give two sureties of Rs. two lacs each, is not acceptable. Under the Punjab Rules which earlier had been adopted by the Haryana Government, the maximum amount of surety that can be ordered is Rs. 20,000/-. The case had been adjourned, on the last date, for today so as to give time to counsel for the State to place on record the rules framed under the Haryana Good Conduct Prisoners (Temporary Release) Act, 1968, but no rules have been placed on record. Accordingly, I am of the view that the condition to release the petitioner on his furnishing personal bond of Rs. 2 lacs and two sureties each of the like amount, cannot be sustained being excessive.
(3.) CONSEQUENTLY , this petition shall stand allowed. Respondents are directed to release the petitioner temporarily on parole for a period of two weeks on his furnishing personal bond in the sum of Rs. 20,000/- and two sureties each of the like amount. Two weeks' parole shall be counted from the date the petitioner furnishes the personal bond and two sureties as mentioned above.;