R.K.NEHRU, J. - (1.) THIS petition under Section 482 of the Code of Criminal Procedure read with Articles 226 and 227 of the Constitution of India has been filed on behalf of the petitioner-convict for the issuance of a direction to the respondents to release him on emergency parole for three weeks.
(2.) PETITIONER in this case was convicted for life imprisonment on 15.7.1991 under Section 302 of the Indian Penal Code by Additional Sessions Judge, Rohtak. He is undergoing imprisonment for life in District Jail, Rohtak. The petitioner has till date undergone a total sentence of three years. He has sought parole for three weeks on the ground that his minor son, Vinod, is suffering from Hernia and he is to be got operated for the said ailment. He had applied for parole to the authorities but his prayer for parole was rejected and no intimation regarding the grounds of rejection was conveyed to him. In the return filed on behalf of respondent No. 3, it is pleaded that the petitioner has already availed four weeks' parole in the year 1993 with effect from 1.6.1993 to 29.6.1993 and so he is not entitled to parole under the rules. It is further pleaded that the illness of the son of the petitioner is not very serious and so the petitioner is not entitled to emergency parole, as envisaged under Section 3(1)(a) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988. The respondents has also raised other objections to the prayer of the petitioner to release him on parole which are not of much relevance for the decision of this petition.
(3.) ADMITTEDLY , the son of the petitioner is suffering from Harnia and is a minor. In the circumstances, the petitioner being a father of the minor son is definitely concerned with getting his son operated for Harnia. The case of the petitioner is in the circumstances, fully covered by the decision rendered in Joginder Singh v. State of Punjab, 1988(2) Recent Criminal Reports 548.;