LAWS(P&H)-2019-2-260

RAM PAL Vs. STATE OF HARYANA

Decided On February 15, 2019
RAM PAL Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Ram Pal - petitioner, who is undergoing imprisonment for four years in FIR No.139 dtd. 2/5/2006 under Ss. 148, 149, 323, 325 and 506 IPC registered at Police Station Pundri, District Kaithal has filed the instant petition under Articles 226/227 of the Constitution of India praying for his release on parole for three weeks to attend the marriage of his son fixed for 21/22/2/2019 and that the order dtd. 9/2/2019 (Annexure P-3) passed by the Superintendent Jail, District Jail, Kaithal rejecting his application for release on parole for the aforementioned purpose, be quashed.

(2.) The petitioner applied for parole to attend the marriage of his son, namely Vikas, which is stated to be fixed for 21/22/2/2019. A marriage invitation card is also enclosed herewith as Annexure P-1. However, his request for release on parole was rejected by the Superintendent Jail, District Jail Kaithal in view of Rule 4(1) of the Haryana Good Conduct Prisoner (Temporary Release) Rules 2007 which prescribes that a prisoner shall be entitled to apply for parole only after he has completed one year of his imprisonment after conviction and has earned his annual good conduct remission under the Act.

(3.) Reply by way of affidavit of Sukh Ram, Superintendent Jail, District Kaithal has been filed on behalf of the respondents and State in court, which is taken on record. In the reply also, Sec. 4(1) of the aforesaid Act has been referred to. It is also mentioned that the fact of marriage of petitioner's son has been got enquired through the SHO, Police Station Pundri, who has verified that marriage of Vikas son of Ram Pal (petitioner) has been fixed for 21/22/2/2019.