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RAVI SHANKER JHA, SUVIR SEHGAL
RAMESH – Appellant
Versus
STATE OF HARYANA – Respondent
ORDER :
Suvir Sehgal, J.
1. Vide the instant petition filed under Article 226/227 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of certiorari for quashing the impugned order dated 02.03.2021 (Annexure P-4) whereby respondent No. 3 has declined to release the petitioner on parole for renovation of his house.
2. Facts, in brief, are that the petitioner has been convicted on 16.02.2021 in case FIR No.45 dated 18.01.2011 registered at P.S.Ratia, District Fatehabad for offences punishable under Sections 396, 120-B, and 482 of the Indian Penal Code, 1860 and sentenced to undergo rigourous imprisonment for life. Appeal bearing CRA-D No.180-DB of 2021 filed by the petitioner before this Court has been admitted and is pending. The petitioner is undergoing sentence in Central Jail-II, Hisar. The petitioner sought parole for the purpose of renovation of his old house and through his mother submitted an application dated 23.02.2021 (Annexure P-1) which has been recommended by the Sarpanch, Gram Panchayat, Dharsul Khurd who certified that the house of the petitioner is in need of repairs and there is no threat to the peace of the area in case the petitioner is
The central legal point established in the judgment is the interpretation and application of the provisions of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, specifically regarding....
The Act provides specific criteria for the temporary release of 'hardcore prisoners,' and violations of conditions of temporary release can lead to permanent debarment from future release.
House repair constitutes 'sufficient cause' for parole under the Good Conduct Act, and specific conditions can be imposed to ensure the safety and security of the victim and her family members during....
The computation of the relevant period for parole eligibility should be made from the date of the commission of the offense, and the grounds raised in a parole application should be genuine and un-pr....
The computation of the five-year period for parole eligibility should be based on the date of the commission of the offence, and parole applications must raise genuine grounds.
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