HARI PAL VERMA,J. - (1.) Prayer made in the present petition filed under Article 226/227 of the Constitution of India read with Section 482 Cr.P.C and Section 3(1)(b) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for brevity "the Act"), is for release of the petitioner on account of marriage of his daughter, namely, Priya, which is scheduled to be held on 20.01.2016.
(2.) Learned counsel for the petitioner contends that in para No.1 of the petition, it has been stated that though the petitioner was convicted and sentenced imprisonment for life, but in fact, he has been convicted and sentenced for 10 years and to pay a fine of Rs. 1,00,000/- Against the judgment of conviction dated 22.10.2009, the petitioner has filed CRA-S- 3104-SB-2009, which has been admitted and is pending for final adjudication before this Court. He further submits that the marriage of the daughter of the petitioner, namely, Priya has been scheduled to be held on 20.01.2016. He being the father is required to perform many rituals and ceremonies. Therefore, he has requested respondent no.2 to grant parole of four weeks to the petitioner for making arrangements of his daughter's marriage, but the same has not been decided. He further submits that the Act provides for temporary release of a prisoners for good conduct on certain condition.
(3.) Section (3) (1) (b) of the Act 2 which is relevant in the present case, reads as follows :- "3. Temporary release of prisoners on certain grounds:----(1) The State Government may, in consultation with the District Magistrate 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) xxxxxxxx (b) the marriage of the prisoner's son or daughter is to be celebrated ; or (c) xxxxx" Learned counsel further submits that in view of the aforesaid provisions, the petitioner deserves to be extended the benefit of parole. ;