Criminal Misc. No.M-28337 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-28337 of 2008 Date of decision : 03.11.2008 Manbir .....Petitioner Versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Ms.Sarla Chaudhary, Advocate for the petitioner. S. D. ANAND, J. While allowing Criminal Misc. No. 20356-M of 2008 filed by the petitioner-prisoner to be able to get his child admitted to a school, this Court had made the following observations:- “The competent authority is directed to pass an order afresh in the light of the amended Rules. While passing the order, the competent shall take cognizance of the fact that there is a panchayat certification (Annexure P-1) to the effect that the prisoner has a son (Yash by name) aged 4 years who is to ber admitted in LKG class (Vivek High School), prisoner's parents are old and not able to move, prisoner's wife is illiterate and there is none else in the family who can get the child admitted in the school. The Gram Panchayat further certified that the release on parole of prisoner would not cause any breach of peace.” In the face thereof, the competent authority has again declined Criminal Misc. No.M-28337 of 2008 -2- **** the plea by observing that second parole during the same year is not permissible. Notice of motion. Mr. S.S.Mor, learned Senior Deputy Advocate General, Haryana accepts notice on behalf of the respondents. Learned State counsel very fairly concedes that Rules do permit the release of a prisoner on parole twice a year even for the same purpose. The only exception, the argument proceeds, is in the case of an eventuality where a prisoner requires parole for effecting house repair. That category of request deserves a grant once in three years. In the light of the fore-going discussion, the petition shall stand allowed. The impugned order (Annexure P-1) shall stand set aside. The petitioner is ordered to be released on parole for one week to enable him to get his child admitted in the school. This Court has opted to pass the order here itself in view of the unwarranted resistance offered by the competent authority while considering the request made by the petitioner. The release of the petitioner shall , of course, be subject to the furnishing of adequate security to the satisfaction of the authority competent in the relevant behalf. It will be for the learned State counsel to communicate the order to the competent authority. Copy of the order be given to the learned State counsel under the signatures of the Court Secretary. November 03, 2008 (S.D. ANAND) Pka JUDGE