JUDGMENT

Suvir Sehgal, J. (Oral) - CRM-W-523-2022

1. Application is allowed as prayed for.

2. Judgment dated 18.02.2020 and order of sentence dated 19.02.2020 passed by learned Additional Sessions Judge, Special Court, Kaithal, are taken on record as Annexure P-2 (colly).

Main case

3. Petitioner has approached this Court under Article 226 of the Constitution of India read with Section 3 (1) (d) of the Haryana Good Conduct Prisoners (Temporary Release), Act, 1988 (for brevity hereinafter referred to as 'the Good Conduct Act') for quashing of order dated 02.09.2021, Annexure P-1, passed by Divisioinal Commissioner, Karnal Division, Karnal-respondent No.2, whereby application of the petitioner for release on parole has been rejected.

4. Counsel for the petitioner submits that the petitioner has been convicted and sentenced, vide judgment, Annexure P-2, in FIR No.73 dated 31.03.2019, registered at Police Station Kalayat, District Kaithal to undergo rigorous imprisonment for ten years under Section 376, IPC and for five years under Section 366, IPC besides fine. Counsel submits that both the sentences have been ordered to run concurrently and Criminal Appeal, CRA-S-521-2021, filed by him is p