parole and submitted that as per Rule 4(1) of the
Rules, the petitioner is entitled to parole only after he has completed one
year ... petitioner has submitted that by
invoking Rule 4(1) of the Rules, the petitioner cannot be
denied parole. In support of this contention, reliance
ground to decline the request for parole. Accordingly the petitioner
cannot be denied the relief of parole on the ground of apprehension of
breach ... since then.
Although the petitioner is not entitled to get parole under the
parole rules but the aura of Article 21 of the Constitution
Police, Sangrur has observed that the petitioner while on
parole is likely to jump on parole and indulge in illegal activities. However,
the learned State ... resulted into
the second round of litigation. The parole and furlough Rules are part of the
penal and prison reform intending to humanise the prison
details of the parole availed by them. The same is reproduced herein after
below:-
"5. That the parole were given to the convicts namely ... their eligibility according to the Parole Act &
Rules. All rules and regulations were followed or as per
instructions issued by the Head Office
respondent-State vehemently
opposed the prayer for parole inter-alia, stating that:
Parole/furlough is only a concession given by the State
Government ... claimed by the prisoner as a matter of right;
The Parole Act and Rules have been amended by the State
Government from time to time
been in custody ever since.
The application was moved for parole for consummation of the
matrimonial relationship on 19.11.2020 and the same was rejected ... shall also recommend the
desired amendments in the rules/policies to ensure the grant of
parole, furlough for conjugal visits and the eligibility
conditions
would not be applicable. Even the provisions
contained in Rule 8 of the Rules are not applicable as the same apply when
the prisoner ... such his claim for the grant of parole
was barred as per Rule 4(1) of the Rules, it would not supersede the
substantive provisions
under Article 226 of the
Constitution of India, is for grant of parole to the petitioner for a period of
two weeks for agricultural purposes ... debarred from claiming
parole under the Haryana Good Conduct Prisoners (Temporary Release)
Amendment Rules, 2015. It is further stated that on 06.07.2015, the
petitioner
relevant Rules, as, framed under
The Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007 (for
short "the 2007 Rules"). The relevant Rule ... thereafter, sub-Rule (2) of Rule 4
(supra) casts a condition, which rather is more exacting than the condition
carried in sub-Rule (1), inasmuch
ground that as per sub-rule (2) of Rule 3 of the Punjab Good
Conduct Prisoners (Temporary Release) Rules 1963 a prisoner could ... least four months.
This Court allowed parole by observing that holding that a
proviso added to a Rule framed under the Act could not supersede
