IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition 1440 of 2011 Date of Decision : August 29, 2011 Krishan ....Petitioner Versus State of Haryana and another .....Respondents CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. A.S.Trikha, Advocate Mr. Raja Sharma, Assistant Advocate General, Haryana T.P.S. MANN, J. (Oral) The petitioner is seeking his release on parole to complete the formalities required for continuation of admission of his two children in Government High School, village Chirana, District Sonipat. The petitioner was initially convicted under Sections 304- B/498A IPC and sentenced to undergo rigorous imprisonment for seven years. However, in appeal, the High Court had converted his conviction from Section 304-B IPC to one under Section 306 IPC for which he was awarded sentence of three years. Reply has been filed on behalf of the respondents, wherein it has been stated that in view of the provisions of Rule 4(2) of the Haryana Government Parole Rules, 2007 a prisoner sentenced to imprisonment for Crl. Writ Petition 1440 of 2011 -2- less than four years is not eligible to be released on parole. It may be true that the petitioner is not eligible for parole in view of the provisions of Rule 4(2). However, at the same time, the future of the two school going children of the petitioner cannot be jeopardised. If they are not able to get admission in higher classes now, they would have to wait till their father completes the entire sentence. That would be counter productive to the basic rights granted to all the citizens of the country to receive education. In view of the above, the present petition is allowed by ordering the release of the petitioner on parole for a period of two weeks subject to his furnishing personal bonds in the sum of Rs.25,000/- with two surety bonds of the like amount to the satisfaction of the District Magistrate, Sonipat. ( T.P.S. MANN) August 29, 2011 JUDGE ajay-I