NOORDIN Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed this petition under Article 226 of the Constitution of India for issuing a direction to respondent No.1 to grant emergency parole to the petitioner for medico-treatment of his daughter by ignoring period of one year after conviction required under sub-rule 4(1) of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007.

(2.) On notice, reply has been filed by the Superintendent, District Jail, Gurgaon, stating that the petitioner is undergoing 5 years R.I. In FIR No.20 dated 18.4.2007 under Sections 7/8/13/49/88 of PC Act, PS SVB (H) Gurgaon after conviction by the Court of Special Judge, Nuh, on 24.2.2011. He has not completed one year as contemplated under Section 4(1) of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007 and he is not entitled to the grant of parole.

(3.) The petitioner has been in custody for 9 months and 15 days as per the affidavit filed on 3.1.2012. The Superintendent, District Jail, Gurgaon, after verification has informed the Court that the daughter of the petitioner is suffering from enteric with Anaemia and is admitted in CHC Hathin (Palwal) for treatment. The report of the Medical Officer is Annexure R1. As per the report, she is required to be admitted for 15 days as the decease is serious in nature.