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2013 DIGILAW 1580 (PNJ)

Nishabar Singh v. State of Haryana

2013-11-29

Daya Chaudhary

body2013
JUDGMENT Mrs. Daya Chaudhary, J. (Oral):- The present petition has been filed under Article 226 of the Constitution of India for grant of emergency parole for a period of 14 days to attend marriage of nephew of the petitioner, which is fixed for 03.12.2013. 2. Learned counsel for the petitioner submits that the presence of petitioner is required at the time of marriage of his nephew. 3. Notice of motion was issued in the case on 20.11.2013. 4. In response to notice of motion, reply on behalf of State has been filed in the Court and the same is taken on record. 5. Learned State counsel on the basis of reply submits that the petitioner has availed number of parole for different purposes i.e., to meet family members, for agriculture purpose and for repair of the house. It has also been mentioned in the reply that the petitioner is not entitled for furlough, as he has not completed the requisite period of continuous sentence of three years. 6. The petitioner was convicted by the trial Court for offence under Section 302 IPC and sentenced to undergo rigorous imprisonment for life with default clause. 7. On perusal of period of parole already availed by the petitioner, it appears that only once, he overstayed for one day but he did not misuse the same. 8. Although to attend marriage of any family member cannot be presumed as some kind of emergency in any manner, but keeping in view the submissions made by learned counsel for the petitioner that the petitioner is the uncle and his presence is required at the time of the marriage of nephew, who is son of his brother, the petitioner is allowed to attend the marriage of his nephew on 03.12.2013 while in Police custody. Superintendent, District Jail, Karnal is directed to make arrangements for attending the marriage by the petitioner on 03.12.2013. 9. Disposed of accordingly. ---------0.B.S.0------------