RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition filed under Section 482 Cr.P.C. read with Section 3 (1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, prays for issuance of direction to the respondents to grant the petitioner emergency parole for eight weeks on account of delivery of his wife Sonia, which was expected to be on 12.12.2009. In support of the claim made by him, he has attached Jachcha Bacha Raksha Card showing the name of his wife and the expected date of delivery to be 12.12.2009. The petitioner has also placed reliance on a report sent by the Panchayat to the effect that there is no other family member available in the house to look after the mother and the child at the time of delivery or thereafter.

(2.) In the reply it has been pointed out that the petitioner was convicted to undergo life imprisonment in case FIR No. 272, dated 21.4.1997, under Sections 302, 307, 325, 324, 323, 449, 148 IPC and 25 Arms Act, registered at Police Station Sadar Jind. He has already availed two paroles in the year 2005, one parole in the year 2006, two paroles in the year 2007, three paroles in the year 2008 and two paroles in the year 2009. It has further been pointed out that Furlough from 28.12.2006 to 19.1.2007 and 25.3.2008 to 9.4.2008 has also been availed by him. However, the fact with regard to the delivery of child by his wife has been verified by the police, vide office letter dated 2.12.2009, to which reference has been made in para 4 of the reply. Even the report of the Gram Panchayat has been authenticated.

(3.) The medical record of his wife has been placed on record as Annexures R-1 to R-3.