SURESH Vs. THE STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Suresh, Petitioner, who was convicted under Sec. 302, Penal Code. and sentenced to undergo imprisonment for life has filed the present petition asserting that although an application had been submitted by his wife for granting him parole on the ground that he was the only member of the family capable of undertaking repairs of the house, no steps are being taken by the respondents to initiate the parole papers because according to him, he could not be granted parole within a period of one year of the commission of the jail offence of not surrendering in time after the expiry of parole. This restriction, which is being relied upon by the respondents for refusing to initiate his papers, is void being ultra-vires of the provisions of the Haryana Good Conduct prisoners (Temporary Release) Act, 1988 (hereinafter referred to as the Act) and, therefore, requisite directions should be issued requiring the respondents to initiate the papers for parole and grant him the same.

(2.) In the reply filed by the Superintendent, Central Jail, Hisar. It has been submitted that the petitioner was released on 6 weeks parole for agricultural purposes on 5.3.1998. The petitioner did not surrender on 12.4.1998 on the expiry of the period of parole. He was arrested by the Rajasthan Police in two other cases for the offences, which had been committed by him during the period of his overstay. A case had been registered against him under Sections 8/9 of the Act on 31.1.1999 for overstaying from parole for 10 months. It is also submitted that this absconding constituted a major jail offence and as per the provisions of the Jail Manual, he was not entitled to be released on parole for one year. The petition consequently, is stated to be premauture and liable to be dismissed.

(3.) I have heard learned counsel for the parties and perused the file.