Rafal Singh vs State of Haryana and Others

Harbans Lal, J.—This petition has been moved by Rafal Singh u/s 482 of the Code of Criminal Procedure read with Section 3(1)(d) of Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 to quash impugned order dated 29.1.2009 (Annexure P.1) whereby the prayer of the petitioner for his release on four weeks'' parole for admission of his children in the school has been rejected.

The brief facts are that the petitioner was convicted and sentenced to undergo imprisonment for five years in case FIR No. 234 dated 6.8.1993 registered u/s 307 read with Section 34 of IPC at Police Station Gharaunda. He moved the parole application for admission of his children in the school, but the same has been rejected by respondent No. 4. The father of the petitioner is about 70 years of age and the brother of the petitioner is not residing with the petitioner and in these circumstances, the parole may be granted.

I have heard the learned Counsel for the petitioner.

In Annexure P.1, order dated 29.1.2009 passed by the District Magistrate, Karnal, it has been observed that as per the report received from the Senior Superintendent of Police vide Sr. No. 6177 dated 23.1.2009, during inquiry, it was found that the petitioner has two children out of whom eldest one is 10 years of age and is studying in 4th Class and the other one is 8 years of age and is studying in 2nd Class in the Village Government School. The family of the convict comprises of his wife, brother and father, who are capable of completing admission formalities. The admission of children takes place in the first week of April.

In view of these circumstances, the parole has not been recommended. There is nothing on the record to disagree with these observations. Consequently, this petition is dismissed.