OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, Om Parkash, had moved the Superintendent District Jail, Sonepat, for grant of 4 weeks parole in order to perform after death ceremonies of his wife and repair his house which was stated to be in deplorable condition.

(2.) THE Superintendent of the Jail had withheld the application on the ground that on the previous occasion, when the petitioner was released on parole, he had over-stayed for 13 days and, therefore, committed a jail offence.

(3.) IN the written reply, the Superintendent of the Jail has submitted that the petitioner was convicted on 20.11.1998. He had also availed of 2 weeks parole in order to attend the marriage of his brother and was required to report back on 7.5.1999, but he had overstayed for 13 days. He was again released on parole on 12.6.1999 to 23.6.1999 on account of his wife's illness and, thereafter, for 6 weeks from 23.10.1999 to 5.12.1999. It was submitted that there was no provision for granting of parole to enable the petitioner to perform the Chhamahi of his wife and on account of his over-stay, he is not entitled to be considered for parole within a period of one year.