DHARAMBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE instant petition has been filed under Section 482 of Criminal Procedure Code with a prayer for release of the petitioner on emergency parole for four weeks on account of delivery of his wife which is to take place on 22.12.2006.

(2.) IN the reply filed by the respondents, the stand taken is that the petitioner had already availed parole for four weeks from 5.12.2005 to 3.1.2006 for house repairs and no other parole can be given in this year. Now, his case for furlough has already been initiated and sent to the District Magistrate, Hisar, for his report/recommendation which is still pending. Thus, dismissal of the petition has been sought.

(3.) UNDER Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for brevity, the Act), temporary release can be ordered for any other sufficient cause. In the instant case, there is an emergency as the petitioner's wife is pregnant and the expected date of delivery is 22.12.2006. It is otherwise evident from the medical certificate, Annexure P-2. Even the Gram Panchayat, Salemgarh, has also strongly recommended petitioner's release on this account. The Act ibid is a piece of beneficial legislation and has been enacted for temporary or emergent release on certain conditions. The plea of the petitioner that there is no other male member in the family to look after his wife has been supported by a certificate issued by the Sarpanch of Gram Panchayat, Salemgarh.