IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Writ Petition No. 1716 of 2010(O&M) Date of Decision: November 1, 2010. Narsi Ram ...... PETITIONER(s) Versus State of Haryana and others. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. H.S.Jaswal, Advocate for the petitioner. Mr. Amandeep Singh, A.A.G., Haryana ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed under Article 226 of the Constitution of India for quashing of impugned order dated 30.08.2010, Annexure P2 passed by respondent No.1 vide which request of petitioner for grant of furlough under Section 4 of Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for short the ‘Act’) has been rejected. Reply has been filed on behalf of respondent-State. I have heard learned counsel for the parties and have gone through the whole record. CRWP No.1716 of 2010 Petitioner is undergoing sentence of life imprisonment in FIR No.549 dated 25.09.1998 under Sections 302/34 IPC, registered at Police Station Sadar Thanesar. It has been contended by learned counsel for the petitioner that he applied for his release on furlough to Superintendent, District Jail, Kurukshetra under Section 4 of the Act as he was entitled for being released on furlough. District Magistrate, Sonepat recommended for his release on furlough. However, the same was declined by Divisional Commissioner, Ambala Division, Ambala, who is competent authority in this case, vide order dated 30.08.2010, Annexure R2 on the plea that petitioner has earlier availed agricultural parole w.e.f. 23.04.2010 to 05.06.2010. Section 4 of the Act provides for temporary release of convicts on furlough, which reads as under:- “4. Temporary release of prisoners on furlough. (1) The State Government or any other officer authorized by it in this behalf may, in consultation with such other officer as may be appointed by the State Government, by notification, and subject to such conditions and in such manner as may be prescribed, release temporarily, on furlough, any prisoner who has been sentenced to a term of imprisonment of not less than four years and who - (a) has, immediately before the date of his temporary release, undergone continuous imprisonment for a period of three years, inclusive of the pre-sentence detention, if any; (b) has not during such period committed any jail offence (except an offence punished by a warning) and has earned atleast three annual good conduct remissions. Provided that nothing herein shall apply to a prisoner who- 2 CRWP No.1716 of 2010 (i) is a habitual offender as defined in sub-section (3) of section 2 of Punjab Habitual Offenders (Control and Reform) Act, 1652; or (ii) has been convicted of dacoity or such other offence as the State Government may, by notification, specify. (2) The period of furlough for which a prisoner is eligible under sub-section (1) shall be three weeks during the first year of his release and two weeks during each successive year thereafter. (3) Subject to the provisions of clause (d) of sub-section (3) of section 8 the period of release referred to in sub-section (1) shall count towards the total period of the sentence undergone by a prisoner.” Further Section 6 of the Act provides for the grounds on which the furlough can be refused by the competent authority, which reads as under:- “6. Prisoners not entitled to be released in certain cases. – Notwithstanding anything contained in Sections 3 and 4, no prisoner shall be entitled to be released under this Act if, on the report of the District Magistrate, the State Government or an officer authorized by it in this behalf is satisfied that his release is likely to endanger the security of the State or the maintenance of public order.” Bare perusal of Section 6 of the Act shows that release of petitioner on furlough can be refused only on the ground that the same is likely to endanger the security of the State or the maintenance of the public order. However, in the present case, the request of the petitioner for his release on furlough has not been rejected on any of the grounds mentioned in Section 6 of the Act. Rather his release on furlough was rejected merely on the ground that he has recently availed parole from 23.04.2010 to 3 CRWP No.1716 of 2010 05.06.2010. Now a period of five months have expired since the petitioner returned from earlier parole. His case was duly recommended by Superintendent, Central Jail, Ambala and District Magistrate, Jodhpur as he was entitled for his release on furlough as per law, Rules and instructions. Hence, in view of these facts, the present petition is accepted to the extent that respondents are directed to reconsider the case of the present petitioner for his release on furlough in the light of the observations made by this Court, as per Act and Rules and instructions on the point, within a period of two weeks from the date of receipt of certified copy of this order. Disposed of accordingly. ( RAM CHAND GUPTA ) November 1, 2010. JUDGE 'om' 4