H.S.BEDI, J. - (1.) BY this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, a direction has been sought by the petitioner that he be released on furlough for a period of 28 days under Section 4 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, for repairing his house.
(2.) ON notice to the respondents, reply has been filed and the main ground for rejecting the case of the petitioner has been set out inter alia that furlough could not be granted for the purpose of house repairs as the house in question was stated to be in the name of the convict's elder brother and that he had no share in that house. Ms. Baljit Bhullar, learned counsel for the petitioner has argued that whereas Section 3 of the Act provides that a prisoner can be released on parole for certain specified purposes, no such purpose is provided under Section 4 of the Act, which deals with release on furlough. There is merit in the stand of the petitioner's counsel. Sections 3 and 4 of the Act are reproduced below :- "Section 3. Temporary release of prisoners on certain grounds - (i) The State Government may, in consultation with the District Magistrate or any other officer appointed in this behalf by notification in the Official Gazette and subject to such conditions and in such manner as may be prescribed, release temporarily for a period specified in sub-section (2), any prisoner, if the "State Government is satisfied that : (a) a member of the prisoner's family had died or is seriously ill or the prisoner himself is seriously ill; or (b) the marriage of the prisoner himself, his son, daughter, grandson, granddaughter, brother, sister, sister's son or daughter is to be celebrated; or (c) the temporary release of the prisoner is necessary for sloughing, sowing or harvesting or carrying on any other agricultural operation on his land or his father's undivided land actually in possession of the prisoner; or (d) it is desirable to do so for any other sufficient cause. (2) The period for which a prisoner may be released shall be determined by the State Government so as not to exceed : (a) where the prisoner is to be released on the grounds specified in clause (a) of subsection (1) three weeks; (b) where the prisoner is to be released on the ground specified in clause (b) or clause (d) of sub-section (1), four weeks; and (d) where the prisoner is to be released on the grounds specified in clause (c) of subsection (1), six weeks. Provided that the temporary release under clause (c) can be availed more than once during the year, which shall not, however, cumulatively exceed six weeks. (3) The period of release under this section shall not count towards the total period of sentence of a prisoner. (4) The State Government may by notification, authorise any officer to exercise its power under this section in respect of all or any other ground specified the hereunder. Section 4. Temporary release of prisoners on furlough - (i) The State Government or any other officer authorised by it in this behalf may, in consultation with such other officer as may be appointed by the State Government, by notification and subject to such conditions and in such manner as may prescribed, release temporarily, on furlough, any prisoner who has been sentenced to a term of imprisonment of not less than four years, and who. (a) has, immediately before the date of his temporary release undergone imprisonment for a period of three years, inclusive of the pre-sentence detention, if any, (b) has not during such period committed any jail offence (except an offence punished by a warning) and has earned at least three annual good conduct remissions; Provided that nothing herein shall apply to a prisoner who; (i) is a habitual offender as defined in sub-section (3) of Section 2 of the Punjab Habitual Offenders (Control and Reforms) Act, 1952, or (ii) has been convicted of dacoity or such other offence as the State Government may, "by notification, specify. (2) The period of furlough for which a prisoner is eligible under sub-section (1) shall be three weeks during the first year of his release and two weeks during each successive year thereafter. (3) Subject to the provisions of Clause (d) of Sub section (3) of Section 8 the period of release referred to in sub-section (1) shall count towards the total period of the sentence undergone by a prisoner."
(3.) A comparative reading of the aforementioned Sections clearly brings out that parole can be granted only for purposes specified in clauses (a) to (d) of Section 3, but no such condition has been provided in Section 4, meaning thereby that as far as furlough is concerned, it is not necessary to specify the purpose for which the release was being sought. In this view of the matter, the denial of furlough to the petitioner on the ground that he did not own a house is totally irrelevant. If the petitioner satisfied the conditions laid down in sub-sections (a) (b) of Section 4 of the Act, there was no ground to deny him release on furlough on the ground that he did not own a residential house.;