Crl. W. P. No. 702 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. W. P. No. 702 of 2011 Date of decision:- 21.3.2011 Balbir Chand ... Petitioner Versus State of Punjab etc ... Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. S.S.Rana, Advocate, for the petitioner. Mr. P.S.Bajwa, DAG, Punjab. Gurdev Singh, J (oral) Crl. Misc. No. 276 of 2011 Heard. Allowed subject to all just exceptions. Crl. W. P. No. 702 of 2011 Heard. The petitioner, Balbir Chand, who was convicted and sentenced for the offence under Section 302/34 IPC and is undergoing life imprisonment in Central Jail, Ludhiana, has filed this criminal writ petition for issuance of a direction to the respondents to grant emergency parole for four weeks' under Section 3(1)(b) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, for attending and performing the marriage of his son, which is to be solemnised on 26.3.2010. Previously also the petitioner had filed such a petition in which he referred to the order dated Crl. W. P. No. 702 of 2011 -2- 17.2.2011 vide which the parole was refused to him. However, vide that order his application for releasing him on parole to meet members of his family was refused. At that time it was disclosed by the State counsel that the application of the petitioner for releasing him on parole for performing the marriage of his son, which is fixed for 26.3.2011, is still pending for disposal. The following instructions were laid down by the Division Bench of this Court in Criminal Miscellaneous No. M – 34013 of 2009 titled Varun @ Gullu Vs. State of Haryana & Ors., decided on 26.4.2010:- (i)In respect of release sought under clause (a), (b) and for emergent sufficient cause within clause (d) of sub-Section 1 of Section 3, the State Governments shall issue necessary instructions for considerations of the request of parole expeditiously and preferably by delegating such powers of the State Government to District Magistrates or any other officer, it considers appropriate. (ii) The authorities concerned shall consider the request for temporary release on parole or furlough and decline the same only on the grounds mentioned under Section 6 of the Act. Any mechanical rejection of request for release on parole or furlough such as for breach of apprehension of peace is not warranted by law. The competent authority shall pass reasoned and speaking order, whenever it is to decline request for temporary release specifying endanger to the security of the State or of public order. Crl. W. P. No. 702 of 2011 -3- Thus, application so moved by the petitioner was liable to be decided expeditiously and much before 26.3.2011 so as to able to petitioner to know whether he was getting parole or not for performing the marriage of his son. The respondents are directed to decide that application of the petitioner immediately and to convey the order passed thereon to him within three days. The petition is disposed of accordingly. Copy of the order be given dasti under the signatures of the Court Secretary of this Court to the State counsel for immediate compliance. March 21, 2011 (Gurdev Singh) tripti Judge