Jaspal Singh vs State Of Punjab And Others on 21 February, 2018
A Division Bench of this Court in Gurpreet Singh vs. State of
Punjab and another 2012 (3) RCR (Criminal) 504 considered a case
where immediately after the conviction of the prisoner in the said case he
applied for emergency release for four weeks on account of illness of his
mother who was advised operations. It was held that the prisoner was
entitled to emergency release on parole under Section 3 (1) (a) of the Act.
Proviso to Rule 3 (2) which provides that no application shall be processed
by the Superintendent of Jail, unless the prisoner had maintained good
conduct after his conviction for at least four months in jail, was held to be a
procedural provision. It was directory in nature and not mandatory and the
provisions of the Act are substantive provision which would prevail over
the procedural provisions of the Rules.