ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ishwar Singh petitioner was sentenced to undergo imprisonment for life in a case under Section 302, Indian Penal Code by the learned Additional Sessions Judge, Sonepat and he is confined in District Jail,- Rohtak. He has filed this petition under Section 482 of the Code of Criminal Procedure for his release on furlough for three weeks under Section 4 of that Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (Act for short). As per averments made in the petition he has undergone more than three years actual sentence of imprisonment including pre-detention period. His conduct in jail remained satisfactory and he enjoyed paroles. As per section 4 of the Act, a convict who had undergone three years of actual sentence of imprisonment including under trial period was entitled to enjoy three weeks furlough. He applied for grant of furlough before the jail authorities but his prayer was declined on the ground that he had not earned three annual good conduct remissions. He was the only son of his parents and there was no other adult male member in his family who could do agricultural work. There was no apprehension to the maintenance of public peace on his release and the village Panchayat had certified these facts.

(2.) In the return filed by the respondents it was alleged that the petitioner was convicted on May 29, 1989 and he had undergone two years eight months and seven days actual sentence. He was not entitled to enjoy any furlough as he had not earned three annual good conduct remissions.

(3.) I have heard the counsel for the parties. The petitioner who is undergoing imprisonment for life is seeking furlough for a period of three weeks which is a concession and no prisoner is entitled to it as a matter of right. Under Section 4 of the Act certain conditions are to be fulfilled before a prisoner is entitled to temporary release on furlough. Section 4 reads as follows: The State Government or any other officer authorised by it in this behalf may, in consultation with such other officer as may be appointed by the State Government, by notification, and subject to such conditions and in such manner as may be prescribed, release temporarily, on furlough any prisoner who has been sentenced to a term of imprisonment of not less than four years and who