IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No.636 of 2011 Date of decision: 25.3.2011 Narender …. Petitioner Versus State of Haryana and Others …. Respondents Present: Mr. A.S. Trikha, Advocate for the petitioner. Mr. G.S. Sandhu, AAG, Haryana. *** S.S. SARON, J. Communication from Superintendent District Jail, Bhiwani to Advocate General, Haryana has been filed in Court today which is taken on record. Heard counsel for the parties. The present writ petition has been filed by the petitioner Narender praying for grant of emergency parole to him so as to be present to celebrate the ‘Bhat Bharna’ ceremony of the marriage of his late father Tulsi Ram’s sister’s (Bhua’s) daughter Nirmala daughter of Late Balwan Singh which is fixed for 30.3.2011 with Surender son of Ram Chander of Bhiwani. It is submitted that the petitioner was arrested in case FIR No.25 dated 12.1.2009 registered at Police Station Sadar Dadri, District Bhiwani for the offences under Sections 394, 397, 216-A, 202 and 34 IPC. He was tried for the said case and was convicted and sentenced to imprisonment for 10 years by the learned Additional Sessions Judge-II, Bhiwani. The petitioner has filed CRA No.3193-SB of 2010 in this Court which is pending. It is submitted that ‘Bhat Bharna’ ceremony of his father’s CRWP No.636 of 2011 [ 2] sister’s (Bhua’s) daughter is to be solemnized on 30.3.2011. It is also submitted that the Sarpanch of Gram Panchayat village Gangwa District Hisar has stated that he would take full responsibility and has requested that the petitioner be released on emergency parole. In terms of the communication from the Superintendent District Jail, Bhiwani to Advocate General, Haryana which has been placed on record, it is stated that the petitioner has not completed one year of his imprisonment after conviction nor earned his first annual good conduct remission. Therefore, he is not entitled for parole under the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (Act – for short). A reference has been made to Rule 4(1) of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007 (“Rules” – for short) which provides the ‘eligibility’ for release on parole. It is provided therein that “a prisoner shall be entitled to apply for parole only after he has completed one year of his imprisonment after conviction and has earned his first annual good conduct remission under the Act.” It is also submitted that the marriage of Nirmala, daughter of the father’s sister (Bhua) of the petitioner is to be held on 30.3.2011. Therefore, it may be noticed that the petitioner is not eligible or entitled for temporary release under Rule 4(1) Rules. The petitioner has been convicted and sentenced to undergo rigorous imprisonment for 10 years in a bank dacoity case. The provisions of Section 3(1)(b) of the Act provides that the State Government may, in consultation with the District Magistrate or any other officer appointed in this behalf, by notification in the Official Gazette and subject to such conditions and in such manner as may be prescribed, release temporarily for a period specified in sub-Section (2), any CRWP No.636 of 2011 [ 3] prisoner, if the State Government is satisfied that the marriage of prisoner himself, his son, daughter, grandson, grand-daughter, brother, sister, sister’s son or daughter is to be celebrated. Therefore, father’s sister’s (Bhua’s) daughter is not one of the grounds for availing the concession of temporarily release. Even otherwise, the same is subject to certain conditions and restrictions provided in Rule 4 of the Rules. Therefore, in terms of the Rules, the petitioner is, in any case, ineligible for consideration for release on emergency parole. Accordingly, there is no merit in the present writ petition and the same is dismissed. (S.S. SARON) March 25, 2011 JUDGE amit