SAT PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, a direction has been sought by the petitioner that he be released on furlough for a period of 28 days under Section 4 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, for repairing his house.

(2.) ON notice to the respondents, reply has been filed and the main ground for rejecting the case of the petitioner has been set out inter alia that furlough could not be granted for the purpose of house repairs as the house in question was stated to be in the name of the convict's elder brother and that he had no share in that house.

(3.) A comparative reading of the aforementioned Sections clearly brings out that parole can be granted only for purposes specified in clauses (a) to (d) of Section 3, but no such condition has been provided in Section 4, meaning thereby that as far as furlough is concerned, it is not necessary to specify the purpose for which the release was being sought. In this view of the matter, the denial of furlough to the petitioner on the ground that he did not own a house is totally irrelevant. If the petitioner satisfied the conditions laid down in sub-sections (a) (b) of Section 4 of the Act, there was no ground to deny him release on furlough on the ground that he did not own a residential house.