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2018 Supreme(P&H) 4298

RAKESH KUMAR JAIN
Sanjay Kumar – Appellant
Versus
State Of Hayrana – Respondent


Advocates Appeared:
R.K. Bangar, Advocate, for the Petitioner; Saurabh Mohunta, DAG Haryana, for the Respondents

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 alrea

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