PUNJAB AND HARYANA HIGH COURT
Criminal Misc. No. M-16134 of 2008. D/d. 14.08.2008.
Gurpreet Singh - Petitioner
State of Punjab and another - Respondents
For the Petitioner :- Mr. Nandan Jindal, Advocate.
For the Respondents :- Mr. K.S. Pannu, AAG, Punjab.
Criminal Procedure Code, 1973, Section 482 - Punjab Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(d) - Emergency parole - Convict seeking grant of emergency parole on ground that his daughter got admission in Australia , so he needs to make arrangement of funds and other requirements for his daughter - Making arrangements for child going abroad for further studies is a sufficient cause falling within the ambit of Section 3(1)(d) Act 1988 - Hence, parole granted.
Augustine George Masih, J. (Oral) - This petition under Section 482 of the Code of Criminal Procedure has been filed on behalf of the petitioner for grant of emergency parole, so that his daughter can go to Australia for further studies.
2. Notice of motion was issued to the respondents. Reply has been filed on behalf of the respondents who has initially opposed the grant of parole on the ground that he was not entitled to emergency parole as this ground cannot be treated as a ground for grant of emergency parole.
3. Counsel for the petitioner has relied upon Section 3(1)(d) of the Punjab Good Conduct Prisoner is (Temporary Release) Act, 1988, wherein for any sufficient cause emergency parole can be granted. Since the daughter of the petitioner is stated to be seeking admission in Australia and has infact got admission, he should be granted emergency parole to make arrangement of funds and other requirements for his daughter.
4. On the last date of hearing, counsel for the respondent-State was directed to verify the factual aspects as to whether daughter of the petitioner has got admission in Australia or not ? Counsel for the State has on instructions received from Superintendent, District Jail vide letter No. 527, dated 11.08.2008 submitted that it is correct that daughter of the convict-Gurpreet Singh, who is petitioner in this petition has got admission in Australia and is going abroad for further studies.
5. In view of the above, in my considered opinion, this is a fit case where emergency parole be granted as on admission of the child for making arrangements for going abroad for further studies is a sufficient cause falling within the ambit of Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1988.
6. The petitioner is granted emergency parole for a period of three weeks. Petitioner is directed to be released on parole within a period of two days from the date of receipt of the copy of this order, provided the petitioner fulfills the formalities for such release as per the rules.