IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-30287 of 2009 Date of Decision: 5.11.2009. Pardeep Kumar ..........Petitioner. Versus State of Haryana and others ..........Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr.H.S.Jaswal,Advocate for the petitioner. Mr.Naveen Malik,AAG Haryana assisted by Mr.JS Yadav,Advocate. 1. To be referred to the Reporter or not ? 2. Whether the judgement should be reported in the Digest ? JASWANT SINGH,J. The instant petition under Section 482 of the Code of Criminal Procedure has been filed praying for extension of parole for another four weeks w.e.f. 29.10.2009. Petitioner, who is lodged in District Jail, Sonepat is undergoing rigorous imprisonment for life in case FIR No. 62 dated 13.4.2007 under Section 302/34 IPC and 25 of the Arms Act, registered at PS Sadar Sonepat, following his conviction and sentence by the learned Additional Sessions Judge (FTC) Sonepat vide judgment and order dated 21.3.2009. He was granted parole by this Court for appearing in B.A. Examination w.e.f. 30.9.2009 to 29.10.2009 and he was required to surrender on 29.10.2009. It is stated that on 25.10.2009, wife of the petitioner fell down Crl.M.No.M-30287 of 2009 2 from the roof and received serious injuries on her person and accordingly she was admitted to General Hospital, Sonepat in Surgical Ward vide Bed Head Ticket dated 25.10.2009 (Annexure P/1). It is alleged that since there is no one to take care of petitioner's wife as rest of his family members are also in custody being convicted in the same case, the petitioner made an application dated 26.10.2009 to respondent no.2- Superintendent, District Jail, Sonepat for extension of parole and thereafter he filed the present petition. This Court, vide order dated 28.10.2009 issued notice of motion for 29.10.2009, on which date learned State counsel prayed for an adjournment for filing reply. Accordingly the case was adjourned to 5.11.2009 for filing reply and the parole period of the petitioner was ordered to be extended till the adjourned date i.e. today. Reply on behalf of respondents 1 to 3 has been filed in Court which is taken on record. Copy thereof has been supplied to the counsel for the petitioner. Counsel for the parties have been heard at length. It has come on record, by way of report of SHO PS Sadar, Sonepat(Annexure R/1) attached with the written statement, that Nisha wife of petitioner who was reported to be admitted in General Hospital, Sonepat has been discharged from the hospital on 30.9.2009. It has further been given out in the written statement and not disputed by the counsel for the petitioner that as per Section 3(a) of the Haryana Good Conduct Parole (Temporary Release) Act,1988, a prisoner can be ordered to be temporarily released if a member of his family has died or is seriously ill, or the Crl.M.No.M-30287 of 2009 3 prisoner himself is seriously ill. Therefore, in view of the report that wife of the petitioner has been discharged, no request for extension of parole can be entertained. It has also remained undisputed that the petitioner remained as an undertrial prisoner from 19.4.2007 to 20.3.2009 and after his conviction he has not completed one year of imprisonment. It is also not disputed that as per Rule (1) of Rule 4 of Haryana Government Parole Rules,2007, a prisoner is entitled to apply for parole only after he has completed one year of imprisonment after conviction and has earned his first annual good conduct remission under the Act. Thus, the petitioner otherwise was not eligible to apply for parole before 30.3.2010 i.e. before earning his first annual good conduct remission. For the aforesaid reason, no ground for extending the parole is made out. Dismissed. 5.11.2009. (JASWANT SINGH) joshi JUDGE