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2012 DIGILAW 801 (PNJ)

Gurmeet Singh v. State of Haryana

2012-06-08

L.N.MITTAL, TEJINDER SINGH DHINDSA

body2012
JUDGMENT Mr. L.N. Mittal, J.: (Oral) - Gurmeet Singh has filed this Criminal Writ Petition under Articles 226 and 227 of the Constitution of India seeking his release on parole for one week. 2. Petitioner has been convicted under Section 18 and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for 15 years and to pay fine of Rs.3,00,000/- in all. 3. The petitioner has sought release on parole to attend religious path (Sri Akhand Path) in Sri Darbar Sahib Ji (Golden Temple), Amritsar, to be held from 16.06.2012 (08:30 A.M.) till 18.06.2012 (06:30 A.M.). 4. Petitioner’s prayer for release on parole has been declined by Superintendent, Central Jail, Ambala, vide order dated 28.05.2012 (Annexure P-1) on the ground that the petitioner has not yet completed one year of imprisonment after conviction, as required by Rule 4 of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007 (in short – the Rules). 5. Reply, on behalf of respondent State of Haryana, filed today in Court by learned State counsel, is taken on record, subject to all just exceptions. Copy supplied to the opposite counsel. 6. We have heard learned counsel for the parties and perused the case file. 7. Learned counsel for the petitioner contended that the religious path was booked by the petitioner on 14.09.2007 vide receipt Annexure P-2, whereas FIR against the petitioner was subsequently registered on 22.03.2009 and he was convicted and sentenced on 24.09.2011. It was thus contended that the religious path was booked long before the registration of FIR, in which the petitioner has been convicted. It was pointed out that there is long wait for the path because path booked by the petitioner is now to be held from 16.06.2012 to 18.06.2012, although booked on 14.09.2007 i.e. almost five years ago. It was also submitted that the path booked now has waiting period of 10-12 years. 8. Learned State counsel opposed the prayer of the petitioner on the ground that the petitioner is not entitled to release on parole because he has not completed one year of imprisonment after conviction. 9. We have carefully considered the matter. 10. It was also submitted that the path booked now has waiting period of 10-12 years. 8. Learned State counsel opposed the prayer of the petitioner on the ground that the petitioner is not entitled to release on parole because he has not completed one year of imprisonment after conviction. 9. We have carefully considered the matter. 10. Under Section 3 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, parole can be granted in case of illness or death of prisoner’s family member, illness of prisoner himself, marriage of prisoner himself or his near relative specified in the provision and also for agricultural operations and residual clause provides for release on parole for any other sufficient cause. 11. In the instant case, the petitioner had booked the religious path almost five years ago i.e. even before registration of FIR against him, in which he has been convicted. If the petitioner is unable to attend this path, he would not be able to get booking of another path for a very long period. In these circumstances, we find sufficient ground for release of petitioner on parole. It may be mentioned that after conviction, the petitioner has undergone imprisonment for more than 08 months, but after adding undertrial period, the petitioner has already undergone incarceration for more than 03 years and 02 months. 12. Keeping in view the aforesaid, we allow this Criminal Writ Petition and direct the respondent State of Haryana to release the petitioner on parole, subject to usual terms and conditions since 14.06.2012 till 20.06.2012. 13. The petitioner shall surrender before the Jail Authorities on 20.06.2012 before 05:00 P.M.