P&H HC | Recent parole time is no ground to deny furlough to convict 

Punjab and Haryana High Court: Rajiv Narain Raina, J. allowed the petition to grant furlough to the petitioner and quashed the impugned order passed by the District Magistrate disallowing the same. 

The instant petition was made with the prayer that the petitioner be granted the benefit of furlough for a period of two weeks to enable him to meet his family members. The petitioner was convicted under Section 302 of the Penal Code.

The application of the petitioner for furlough was rejected on the grounds that the petitioner had recently availed parole period from 12.06.2019 to 28.06.2019. The District Magistrate, Karnal refused to recommend furlough to the petitioner to meet his family. The Divisional Commissioner, Karnal Division, Karnal by applying the provisions of Section 6 (1) of the amended Act of 2012 of the Haryana Temporary Good Conduct Prisoners (Temporary Release) Act, 1988 supported the stance of the District Magistrate.

The Court observed that there was no report in the impugned order stating that the release of the petitioner on furlough would involve a breach of the security of the State or he would pose a danger to society or create law and order problems. The court also noted that the petitioner had already undergone about 10 years and 5 months as under trial and after his conviction. Moreover, the petitioner had already availed the benefit of parole in the month of June, 2019 and he surrendered in time after the parole period was over.

After considering the aforementioned facts and taking into account the aforesaid relevant consideration, the court deemed it appropriate to grant the benefit of furlough to the petitioner for a period of two weeks.

In view of the above-noted facts, the instant petition was allowed with the direction that the District Magistrate concerned, would impose such conditions as may be required to secure the presence of the petitioner in jail after the period of furlough, is over and done with and the temporary release would not be misused. [Deepak Sharma v. State of Haryana, 2019 SCC OnLine P&H 2089, decided on 19-10-2019]

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