Crl. W. P. No. 1788 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. W. P. No. 1788 of 2011 Date of Decision : September 28, 2011 Raja .... Petitioner Vs. State of Haryana and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. H. P. S. Ishar, Advocate for the petitioner. Mr. Anil Kumar, DAG, Haryana for respondents no.1 and 4. Mr. J. S. Toor, Addl. Public Prosecutor, U. T. for respondents no.2 and 3. * * * L. N. MITTAL, J. (Oral) : Petitioner Raja – a convict in a case under Section 392 of the Indian Penal Code has filed the instant criminal writ petition seeking release on parole for three weeks to perform barsi (first death anniversary) of his father Nafe Singh. Reply on behalf of respondents, filed by counsel for State of Haryana today in Court, is taken on record, subject to all just exceptions. Crl. W. P. No. 1788 of 2011 2 I have heard learned counsel for the parties and perused the case file. Pursuant to order of the preceding date, the petitioner has not stated the date, on which barsi of his father is to be observed. However, counsel for the petitioner refers to Annexure P-2 – a certificate given by Residents' Welfare Association to the effect that barsi of the petitioner's father is to be observed on 04.10.2011. Learned counsel for State of Haryana opposes the prayer for parole on the ground that parole on the ground of observing barsi of convict's father is not provided for in the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (in short – the Act) and the rules framed thereunder. On the other hand, counsel for the petitioner submitted that admittedly, petitioner was granted parole for last rites of his father, but the petitioner could not furnish necessary surety bonds for being released on parole on that occasion and therefore, the petitioner may be granted parole to perform barsi of his father. I have carefully considered the rival contentions. Section 3 of the Act, in addition to specific grounds for parole, also lays down that a prisoner may be released on parole, if the State Government is satisfied that it is desirable to do so for any other sufficient cause. The aforesaid provision contained in Section 3 (1) (d) of the Act covers unspecified causes Crl. W. P. No. 1788 of 2011 3 because it may not be possible to specify all the causes or grounds, on which a prisoner should be released on parole. In the instant case, admittedly, order for release of petitioner on parole was passed to enable him to perform last rites of his father, who died on 04.10.2010, but the petitioner could not avail of the benefit of the said parole order as he could not furnish requisite surety bonds. In these circumstances, I am of the considered opinion that it is desirable to release the petitioner on parole for four days to enable him to perform barsi of his father, subject to usual terms and conditions including condition of furnishing surety bonds etc. It is ordered accordingly. The writ petition stands disposed of accordingly. September 28, 2011 ( L. N. MITTAL ) monika JUDGE