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2023 Supreme(P&H) 82

GURVINDER SINGH GILL
Danveer – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
Lalit Kumar Narang, Advocate, Gurmeet Singh, Advocate

JUDGMENT

Gurvinder Singh Gill, J. - The petitioner assails order dated 28.12.2022 (Annexure P-4), whereby an application moved by him seeking temporary/emergency parole on the ground of marriage of his sister has been declined.

2. The petitioner was tried in respect of FIR No.194 dated 27.07.2019 registered at Police Station IMT Rohtak, under Sections 20, 29 of the NDPS Act and was convicted vide judgment dated 02.09.2021 passed by the learned Additional Sessions Judge, Rohtak and was imposed sentence of rigorous imprisonment for 10 years apart from fine amounting to Rs.1 lakh.

3. The petitioner challenged the aforesaid judgment by way of filing an appeal before this Court i.e. CRA-S-1205-2021, which is still pending.

4. It is the case of the petitioner that marriage of his real sister is to be solemnized on 25.01.2023 and as such, has prayed for grant of parole.

The Superintendent, District Jail, Rohtak vide impugned order dated 28.12.2022 has declined the application on the ground that the petitioner having been convicted for an offence under the NDPS Act would fall in the category of 'hardcore prisoner' and since he has not completed imprisonment for 5 years, he is not entitled to be

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