VIJAY SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Petitioner-Vijay Singh, who stands convicted in FIR No. 5 dated 4.1.2013 registered at Police Station Sadar, Jind, for offences under Sections 120-B, 302 and 307 IPC and sentenced to undergo life imprisonment, has filed the present petition under Article 226 of the Constitution of India read with Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (in short "the 1988 Act") praying therein that order dated 10.4.2015 (Annexure P-3) passed by respondent No.2- Superintendent, District Jail, Jind be set aside and directions be issued to the respondents to release him on emergency parole for a period of four weeks so as to enable him to get his minor children admitted in the school.

(2.) Vide impugned order, the Jail Superintendent declined to initiate the case of the petitioner for release on parole for four weeks for the admission of his children on the ground that he had not completed a period of one year as a convict and also not earned his first annual good conduct remission.

(3.) According to the petitioner, his two sons, namely, Preetraj and Abhar, who had passed class VI and III examinations respectively, were to be admitted in the next higher classes in the Jagriti Senior Secondary School, Kinana (Jind). In this regard, he has placed on record certificate dated 6.4.2015 (Annexure P-1) issued by the Principal of the aforementioned school. The petitioner has also pleaded that the Gram Panchayat of his village Bura-Dehar has also made report (Annexure P-2) in his favour by strongly recommending his release on parole as the wife of the petitioner has already left the children and herself residing at her parental house. The Gram Panchayat has also reported that there would be no disturbance to peace in the event of the petitioner coming to the village.