SAMEER NAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has been sentenced to life imprisonment till the time he dies in jail. The trial Court judgment of conviction and sentence was passed on 07.08.2013. The High Court upheld the said judgment by judgment dated 20.03.2019. The convict's appeal to the Supreme Court failed in September 2019. The punishment stands confirmed. He is serving sentence for murder in Central Jail-I, Hisar. He has been in jail for about 8 years and 8 months. It is not disputed that the petitioner has been released temporarily either on parole or furlough on 8 or 9 occasions after the trial Court judgment and before the High Court judgment, which upheld the trial Court judgment. If the parole was deemed fit to grant after such extreme punishment handed down to serve jail till natural life then I see no fair reason why it should not be grantable in the second and the third limb of the proceedings culminating in the Supreme Court.

(2.) This is the first time, the petitioner has applied for parole after his conviction and sentence had attained finality. The prayer has been declined by the Commissioner, Hisar Circle, Hisar, vide order dated 14.08.2019, on the ground of non-availability of provisions for temporary release on parole or furlough of convict undergoing life sentence till natural death.

(3.) It is argued by Mr. Rathee that there is no animated provision in the Haryana Good Conduct Prisoners (Temporary Release) Act, which creates a complete bar on grant of parole/furlough in cases of sentences of life till natural death. However, there is indication from where light can be thrown on the issue of temporary release in cases of sentences till natural life in the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007. Mr. Rathee draws attention of this Court to Rule 5 which deals with ineligibility and is to be read with Sections 10(2)(d) and 10(2)(g) creating a prohibition to the effect that no parole/furlough shall be granted to a prisoner who has been sentenced to death penalty. Sections 10(2)(d) and 10(2)(g) are reproduced below for ready reference: "Ineligibility- No parole/furlough shall be granted to a prisoner who has been sentenced to death penalty."