AMIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition has been filed under Article 226/227 of the Constitution of India read with Section 3(1)(b) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 for quashing the impugned order Annexure P-2 and for releasing the petitioner on parole for four weeks to attend the marriage ceremony of his real younger sister which is fixed for 14.03.2012.

(2.) A perusal of the impugned order would show that under Rule 4(2) of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007, a prisoner who has been convicted and sentenced for imprisonment less than 04 years, is not eligible for parole whereas, admittedly, in the present case, the petitioner has been convicted and ordered to undergo rigorous imprisonment for 03 years in FIR No. 128 dated 16.09.2010, under Section 307 IPC read with Section 25 of Arms Act, PS Pillu Khera, District Jind.

(3.) Counsel for the petitioner has relied upon a judgment of this Court dated 09.12.2011 passed in Criminal Writ Petition No. 2612 of 2011 titled as Gurmukh Singh v. State of Haryana.