High CourtsDivision Bench

Mukesh @ Mota vs State of Haryana and Others

Punjab And Haryana At Chandigarh · Decided on 17 December 2010 · Citation: (2010) 12 P&H CK 0145

HON’BLE JUDGES
Satish Kumar Mittal, J · Jora Singh, J
ACTS & SECTIONS REFERRED
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 — Section 3(1) · Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007 — Rule 4(1) · Penal Code, 1860 (IPC) — Section 120B, 201, 302, 34
RESULT
Dismissed
CASE NUMBER
Criminal W.P. No. 2454 of 2010 (O and M)
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Judgment

14 paragraphs · 289 words

Satish Kumar Mittal, J.—The Petitioner, who has been convicted for an offence u/s 302 IPC and undergoing sentence of life imprisonment

in District Jail, Gurgaon, has filed the instant petition for issuing directions to the Respondents to grant him emergency parole for four weeks u/s

3(1)(a) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 in case FIR No. 68 dated 3.9.2008 under Sections

302/201/120-B/34 IPC registered at P.S. Jatusana, District Rewari.

2.

It is the case of the Petitioner that his presence is very much required as he has to get his wife admitted in the hospital for treatment as she is a

psychiatry patient. It has been alleged that the father of the Petitioner is mentally upset and the family of the Petitioner is being looked after by his

grandfather, who is about 75 years of age. It has been further alleged that since there is no other able member in the family of the Petitioner to get

the wife of the Petitioner admitted in the hospital at Delhi, therefore, four weeks emergency parole may be granted to the Petitioner.

3.

After hearing learned Counsel for the Petitioner and going through the contents of the writ petition, we do not find any merit in this petition.

Admittedly, the Petitioner has been convicted and sentenced in the aforesaid case by the Addl. Sessions Judge, Rewari on 8.10.2010. Till date the

Petitioner has not completed one year of his imprisonment after conviction and has not earned his first annual good conduct remission, as provided

under Rule 4 (1) of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007. Therefore, we are not inclined to grant the

concession of parole to the Petitioner, at this stage.

Dismissed in limine.