NARENDER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner along with other co-accused was involved in a case bearing FIR No. 290 dated 14.10.2008 for commission of offences under sections 365, 302, 201, 411 read with section 34 of IPC and for offence under section 25 of Arms Act, registered at Police Station, Ambala, District Ambala. The learned Additional Sessions Judge, Ambala convicted and sentenced the petitioner to undergo rigorous imprisonment for life vide judgement dated 11.12.2010. The petitioner is presently undergoing imprisonment in Central Jail Ambala though appeal challenging his conviction is pending in this Court.

(2.) The petitioner's mother namely Smt. Jaswant Kaur applied for temporary release of petitioner on parole for 4 weeks in terms of Section 3(1)(a) of Haryana Good Conduct Prisoner's (Temporary Release) Act, 1988 on the ground that she is suffering from various ailments and is to be operated upon for removing stone from gallbladder. However, the Superintendent, Central Jail, Ambala did not initiate the case for release of the petitioner on parole and vide letter dated 14.9.2017(Annexure P-4) informed the petitioner's mother that in terms of Section 3(1)(a) of Haryana Good Conduct Prisoner's (Temporary Release) Act, 1988, a convict is entitled to be released on parole if a member of prisoner's family had died or is seriously ill or the prisoner himself is seriously ill. It was thus informed that the petitioner is not entitled to parole.

(3.) Aggrieved by order dated 14.9.2017, the petitioner has filed the present petition seeking parole. Notice of motion was issued to State which has filed its reply opposing the petition.