GURDEEP SINGH AND ANR Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2016-6-65
HIGH COURT OF PUNJAB AND HARYANA
Decided on June 16,2016

Gurdeep Singh And Anr Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

TEJINDER SINGH DHINDSA,J. - (1.) The present petition has been filed seeking directions to the respondents to grant emergency parole for a period of 14 days to the petitioners herein to enable them to attend the final rites/bhog ceremonies of their father, namely, Khajan Singh, who is stated to have expired on 5.6.2016. On the last date of hearing, i.e. 13.6.2016, learned State counsel had been directed to verify the factual position with regard to demise of the father of the petitioners as also with regard to the date on which bhog ceremony has been fixed.
(2.) In response to the order dated 13.6.2016, a short reply by way of affidavit of the Superintendent of Jail, Central Jail -I, Hisar has been filed along with the police verification report Annexure R.1. The same is taken on 1 of 6 record and a complete copy of the reply has been furnished to the counsel for the petitioners. Perusal of the reply filed in the Court would reveal that the SHO, Police Station, Sadar Fatehabad has duly verified the factual position as regards the demise of Khajan Singh i.e. father of the present petitioners, on 5.6.2016 and the last prayer/bhog ceremony, having been fixed for 21.6.2016.
(3.) Placed on record and appended as Annexure P1 is an order dated 10.6.2016 passed by the Superintendent of Jail, Central Jail -I, Hisar in terms of which the prayer of the petitioners seeking the emergency parole has been declined on the ground that the petitioners are convicts and are undergoing life imprisonment in case FIR No.404 dated 14.8.2013 under Sections 302,201,34, Police Station, Sadar Fatehabad having been convicted by the learned Additional Sessions Judge, Fatehabad on 23.5.2016. The prayer for emergency parole has been declined on the ground that under Rule 4(i) of the Haryana Good Conduct (Temporary Release) Rules, 2007, a prisoner is entitled to apply for parole only after he has completed one year of imprisonment after conviction and has earned his first annual good conduct remission under the Act.;


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