IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.W.P. No.2041 of 2010 (O&M) DATE OF DECISION: NOVEMBER 12, 2010 Bijender .....PETITIONER Versus The State of Haryana and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE JORA SINGH --- Present: Mr.A.S. Trikha, Advocate, for the petitioner. .. SATISH KUMAR MITTAL, J. The petitioner, who is a life convict and undergoing sentence in District Jail, Bhiwani, has filed the instant petition for issuing directions to the respondents to release him on emergency parole for four weeks on the ground of his treatment. Admittedly, the petitioner was convicted by Addl. Sessions Judge, Bhiwani on 7.12.2009 for an offence under Section 302 IPC and sentenced for life. Rule 4 of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007 (hereinafter referred to as `the Rules') clearly stipulates that a prisoner shall be entitled to apply for parole only after he has completed one year of his imprisonment after the conviction and has earned his first annual good remission under the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as `the Act'). Since till date the petitioner has not completed one year of his imprisonment after the conviction, therefore, his case does not fall under Rule 4 of the Rules and as such, at this stage, the prayer made by the Crl.W.P. No.2041 of 2010 -2- petitioner to release him on emergency parole for four weeks on the aforesaid ground, cannot be accepted. In view of the said fact, we are not inclined to entertain this petition for issuing direction to the respondents to consider the case of the petitioner for grant of parole on the aforesaid ground. Dismissed. However, it will be open for the petitioner to move a fresh application for release on parole after expiry of the requisite period of imprisonment of one year after his conviction. In case any such application is filed, we hope that the authorities will consider the same in accordance with law, under the provisions of the Act. (SATISH KUMAR MITTAL) JUDGE November 12, 2010 ( JORA SINGH ) vkg JUDGE