The central legal point established is that the classification of a prisoner as a hardcore prisoner under the Act can impact their eligibility for parole under specific sections.

JUDGMENT

Rakesh Kumar Jain, J. (Oral) - The petitioner, a life convict, presently lodged in District Jail, Yamuna Nagar, has prayed for a writ in the nature of mandamus to direct the respondents to release him on parole for four weeks so that he may be able to make arrangement for the admission of his children in School. The application was filed by the petitioner under Section 3(i)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for short 'the Act'). The said application has not been allegedly forwarded by the Jail Superintendent to the concerned authority for his report.

2. After notice, the respondents have filed reply in which it is averred that the petitioner was granted parole on 24.11.2009 for four weeks and was directed to surrender on 23.12.2009 but he absconded for a period of 5 years, 2 months and 19 days. Thereafter, he was arrested on 14.3.2015 and a case was registered vide FIR No.30 dated 22.1.2010 under Sections 8/9 of HGCP Act, P.S.City Jagadhari and one more FIR No.127 dated 5.3.2014 under Section 174-A IPC at Police Station City Jagadhari was registered against the petitioner in which he has been convicted and sentenced for the period already undergone and in case FIR No.30 dated 22.1.2010, the petitioner has been convicted and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs. 1000/- vide order dated 3.9.2015. It is further averred that one more FIR No.365 dated 18.6.2016 under Section 42-A of Prisons Act, P.S.City Jagadhari was registered against the petitioner as he was found in possession of mobile phone in the jail. The petitioner is facing trial in case FIR No.1164 dated 24.7.2017 under section 42 of Prisons Act, P.S.City Jagadhari which is pending before the Court of ACJM Yamuna Nagar as he is found in possession of another mobile phone in jail. The respondents have averred that the petitioner falls in the category of Hardcore prisoner in terms of the provisions of Haryana Good Conduct Prisoners' (Temporary Release) Amended Act, 2013.

3. Counsel for the petitioner has submitted that except for the aforesaid offence, there is no other allegation against the petitioner who is in dire need of parole for the purpose of making arrangement of the admission of his school going children.

4. I have heard learned counsel for the parties and have perused the record carefully.

5. There are two type of prisoners in the Act i.e. prisoner and hardcore prisoner. Prisoner is defined in Section 2(d) of the Act which means a person confined in prison or jail or other institution of like nature under a sentence of imprisonment for life or imprisonment by any court in India or the Court martial or any other authority exercising the power of a Criminal Court; Whereas hardcore prisoner is defined in Section 2(aa) of the Act which means a person-

(i) who has been convicted of -

(1) robbery under section 392 or 394 IPC;

(2) dacoity under section 395, 396 or 397 IPC;

(3) Kidnapping for ransom under section 364-A IPC;

(4) Murder or attempt to murder for ransom or extortion under section 387 read with 302 or section 387 read with 307 IPC;

(5) rape with murder under section 376 read with 302 IPC;

(6) rape with a woman below sixteen years of age;

(7) rape as covered under section 376-A, 376-D or 376-E IPC;

(8) serial killing i.e. murder under section 302 IPC is two or more cases in different First Information Reports;

(9) murder under section 302 IPC, if the offender is a contract killer as apparent from the facts mentioned in the judgment of the case;

(10) lurking house trespass or house breaking where death or grievous hurt is caused under section 459 or 460 IPC;

(11) either of offence under sections 121 to 124-A IPC;

(12) immoral trafficking under section 3,4 or 5 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956) involving minors or under section 366-A, 366-B, 372 or 373 IPC;

(13) ..

(14) offence under section 17(c) or 18(b) of the Narcotic Drugs and Psychotropic Substa