BISHAMBER Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition a prayer has been made that the petitioner who is undergoing imprisonment in the District Jail, Bhiwani, be released on emergency parole as his daughter Neelam had expired on 30th May, 1995.

(2.) In the reply filed on behalf of the respondent, it has been set out that the petitioner had not applied for parole before the jail authorities so that the facts of the death of his daughter were not capable on verification. It has further been stated that in addition to this case in which he stands convicted and presently undergoing imprisonment, he is also facing trial in two cases-one under Section 302/450/460/120-B I.P.C. and 25 of the Arms Act and the other under Section 392/397/411/412/120-B read with section 34 I.P.C. It has further been stated that the petitioner has not been released on bail in the first mentioned case, although he is on bail in the second case and as such his release on parole is not visualised by the Act.

(3.) It is, therefore, apparent to me that the petitioner has not approached the authorities for the grant of parole. In any case the emergency for which the parole was sought no longer subsists as the death had occurred on 30th May, 1995 that is, almost 10 months earlier. Nevertheless the petitioner may apply for parole to the authorities concerned and if he is found entitled, he be released on parole by them.