- (1.) Learned counsel for the State has filed a short reply to the petition by way of affidavit of Sh. Dayanand, Superintendent, District Jail, Rohtak. The same is taken on record. Heard, learned counsel for the parties.
(2.) The petitioner has been convicted by the learned Sessions Judge, Rohtak on 22.9.2015 in case FIR No.500 dated 2.12.2014 for the commission of offences punishable under Sections 302 and 449 Indian Penal Code ('IPC' - for short); besides, Section 25 of the Arms Act registered at Police Station Sadar Rohtak. At present he is undergoing his life imprisonment. Crl. Appeal No.1539-DB of 2015 is pending in this Court. He seeks his temporary release so as to attend the 'thervin'/last rites ceremony of his mother who died on 29.06.2016. The ceremony is fixed for 14.07.2016.
(3.) In terms of reply that has been filed, it is submitted that the petitioner stands convicted. A reference has been made by the learned counsel for the State to Rule 4 (1) of the Haryana Good Conduct Prisoners (Temporary Release) Rules 2007 ('2007 Rules' - for short), which reads as under:- "4. Eligibility. [section 10 (2) (d)].-(1) A prisoner shall be entitled to apply for parole only after he has completed one year of his imprisonment after conviction and has earned his first annual good conduct remission under the Act. (2) A prisoner, who has been convicted and sentenced for imprisonment less than four years, shall not be eligible for parole." By referring to above Rule 4 (1) of the 2007 Rules, it is submitted that the petitioner is not entitled for temporary release as he has not completed one year of imprisonment after his conviction on 22.9.2015 and has also not earned his First Annual Good Conduct Remission under the Act i.e. the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 ('1988 Act' - for short). ;