Rajbir vs State of Haryana

Harmohinder Kaur Sandhu, J.

Rajbir who was sentenced to undergo imprisonment for life, for the offences of murder by Additional Sessions Judge, Jind, vide his judgment dated 16.2.1993 and is now confined in Central Jail, Jind, has filed this petition under Section 482 Cr.P.C. for his temporary release on parole for four weeks to attend the marriage of daughter of his sister. It is to take place on 20th January, 1994. Earlier the marriage was fixed on 8.11.1993 and the case for release of the petitioner on parole was initiated but the same was not decided. Thus, the date of marriage was changed. The petitioner alleged that he was the maternal uncle of the girl who is to be married and his presence was required in connection with the performance of certain religious rites.

In support of the allegations made in the petition the petitioner submitted a certificate issued by the Sarpanch of Gram Panchayat, Simhalwala, and affidavit of his mother.

The prayer of the petitioner was opposed on the ground that the petitioner had two more brothers who could very well perform the customary rites of marriage.

I have heard the counsel for the parties.

It was urged on behalf of the petitioner that although the petitioner had other brothers but one of them was not heard of for the last many years and the other was not having good relations with his sisters. Mother of the petitioner is not living with any of her sons but she is living with her son inlaw Niranjan Singh in village Simhalwala. According to the affidavit sworn by her, only the petitioner will be attending the marriage ceremony of her daughter''s daughter.

It is admitted in the return filed by the respondent that the petitioner''s conduct in jail remained good and he was never convicted of any jail offence. A prisoner is entitled to release on parole to attend the marriage of his sister''s daughter. So considering the conduct of the petitioner and other circumstances, I allow this petition and direct the respondents to release the petitioner on parole for a period of 10 days on his furnishing requisite bonds to the satisfaction of District Magistrate, Jind.