Bijender vs The State of Haryana and Others

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 u/s 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 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.