BALWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer in the present petition is for issuance of a writ in the nature of mandamus with a direction to release the petitioner on parole for a period of three weeks under Section 3(1)(a) of the Haryana Good Conduct Prisoners (Temporary release) Act, 1988 (hereinafter referred to as 'the Act, 1988') for the purpose of attending his father, who is seriously ill.

(2.) The petitioner was arrested in case FIR No.276 dated 16.09.2007 under Section 302 of the Indian Penal Code registered at Police Station Sadar Bahadurgarh, District Jhajjar. He was convicted and sentenced to undergo life imprisonment vide judgment dated 22/29.04.2013. The appeal filed against said judgment of conviction and order of sentence is pending before this Court.

(3.) Learned counsel for the petitioner submits that the father of the petitioner is bed ridden and is seriously ill. He is having 87% physical disability because of paralysis attack. Learned counsel also submits that the petitioner requested the Superintendent District Jail, Jhajjar for initiating the temporary release process but his request was declined on the ground that case FIR No.453 dated 21.05.2016 under Sections 42/45 of the Prisons Act at Police Station Jhajjar has been registered for committing the jail offence. Learned counsel also submits that the petitioner has been acquitted in that case vide judgment dated 15.12.2016. The petitioner is not a hardcore criminal, whereas, even a hardcore criminal is also entitled for benefit of temporary release in view of notification dated 21.09.2015. At the end, learned counsel for the petitioner submits that the petitioner has undergone actual sentence of more than ten years and has not availed even a single day parole and hence, the question of misuse of such concession does not arise at all.