PARVEEN GAUTAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is seeking a writ in the nature of mandamus directing the respondents to grant him emergency parole for three months on the ground that his wife is in the family way.

(2.) Learned counsel for the petitioner submitted that the wife of the petitioner is 08 months' pregnant and her caesarean delivery is scheduled for 10/11/2025. It is also submitted that there is no adult member in the family to look after her and the presence of the petitioner is necessary to attend her. He referred to the medical certificate at Annexure P-1.

(3.) Learned State counsel, while referring to the short reply filed by way of an affidavit of Superintendent Jail, District Jail, Nuh, submitted that the petitioner, vide the judgment dtd. 17/7/2025, has been convicted and sentenced to undergo imprisonment for life in case FIR No.141 dtd. 17/9/2020, registered under Ss. 148/149, 323/149, 325/149, 341/149, 302/149 IPC, at Police Station Rojka Meo, District Nuh. It is stated in the affidavit that as per the provisions of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 (hereinafter referred to as 'the Act'), the prisoners cannot claim parole as a matter of right, as this is only a concession given to them for their good conduct and on certain conditions provided in the Act. It is further pointed out that, in terms of Sec. 3(3) of the Act, a convict who has not completed one year of imprisonment after conviction is not eligible for regular parole. Moreover, in terms of Sec. 5(1) of the Act, the petitioner is not entitled for emergency parole to take care of his pregnant wife. Though the affidavit admits the factum of pregnancy of the petitioner's wife, whose expected date of delivery is stated to be 10/11/2025, but the mother of the petitioner and his two younger brothers reside at the same home. As per the verification report (Annexure R-2), if the petitioner is released on parole, there exists a possibility of disturbance of peace in the village.