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Gurpreet Singh vs State Of Punjab And Another on 17 December, 2012

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.
Punjab-Haryana High Court Cites 12 - Cited by 17 - R S Malik - Full Document
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