JUDGMENT Mr. Harinder Singh Sidhu, J. (Oral):- Ravi Bhushan has filed this writ petition for grant of emergency parole under Section 3(1) of the Punjab Good Conduct Prisoners (Temporary Release Act), 1962 (for short the Act) in order to attend the marriage of his sister namely Deepali Bhushan on 19.04.2014. 2. Vide order dated 28.11.2011 passed by learned Trial Court, the petitioner was sentenced to undergo simple imprisonment for a period of two years for an offence punishable under section 138 of the Negotiable Instruments Act. His appeal was dismissed by Additional Sessions Judge on 7.2.2014. He filed Criminal Revision No.773 of 2014 in this Court, wherein, notice regarding bail has been issued for 13.5.2014. 3. Counsel for the petitioner submits that the marriage of the sister of the petitioner is fixed for 19.4.2014 and the application moved by him seeking temporary release on parole on account of that purpose was rejected vide order dated 27.03.2014 (Annexure P-1) passed by Superintendent Central Jail, Patiala. Thereafter, the petitioner moved an application before the District Magistrate, Patiala. In response to that application, the office of District Magistrate, Patiala sent communique (Annexure P-3) to the Superintendent, Central Jail, Patiala stating that the Senior Superintendnet of Police has given ‘No Objection’ for release of the petitioner on parole for marriage of his sister. 4. It is also contended that the petitioner is the only male member of the family and his presence will be required at the time of marriage ceremony of his sister. 5. Notice of motion. 6. Mr. Arshdeep Singh Kler, AAG, Punjab accepts notice on behalf of the respondent-State. 7. The prayer of the petitioner for release on emergency parole was declined vide order dated 27.03.2014 (Annexure P-1) only on the ground that there is no provision in the Act for seeking such relief. In this regard, counsel for the petitioner has placed reliance on the decision of a Division Bench of this Court in case Crl. Writ Petition No.2714 of 2011 titled Suresh Kumar @ Tidda v. State of Punjab and ors. decided on 13.12.2011 wherein it has been stated that the marriage of sister is covered under section 3(1)(b) of the Act. 8. In view of the above, this writ petition is allowed.
Writ Petition No.2714 of 2011 titled Suresh Kumar @ Tidda v. State of Punjab and ors. decided on 13.12.2011 wherein it has been stated that the marriage of sister is covered under section 3(1)(b) of the Act. 8. In view of the above, this writ petition is allowed. The petitioner is directed to be released on emergency parole for a period of ten days, that is from 17.4.2014 to 26.4.2014, on his furnishing surety bonds to the satisfaction of the Jail Authorities. He shall surrender before the Jail Authorities on or before 27.4.2014. 9. Copy of this order be supplied to the counsel for the petitioner as also the State counsel for onward transmission to the concerned Authorities under the signatures of Special Secretary of this Bench. 10. Dasti as well.