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HARSH BUNGER
Dinesh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Harsh Bunger, J.
Petitioner (Dinesh) has filed this petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of mandamus directing respondents No.1 to 3 to release him temporarily on general parole for five weeks under Section 3 (1)(2) of the Haryana Good Conduct Prisoners (Temporary release) Act, 2022 (in short 'the Act, 2022), by setting aside the order dated 26.08.2022 (Annexure P4) passed by the Divisional Commissioner, Karnal Division, Karnal.
2. Upon issuance of notice in this case, learned State counsel appeared and filed reply dated 18.04.2023 by way of an affidavit of Sh. Amit Kumar, Superintendent of Jail, District Jail, Karnal, on behalf of the respondents, which is already on record.
3. Status report dated 27.03.2023 by way of an affidavit of Sh. Vipin Kadian, HPS, Assistant Commissioner of Police, Rai, Sonipat, has also been filed on behalf of respondent No.1-State of Haryana, which is also on the record.
4. Briefly, petitioner (Dinesh) was convicted in case FIR No.82 registered on 09.05.2006 at Police Station Murthal, Sonipat, under Sections 148 , 149, 302, 307, 323, 324, 325 of the INDIAN PENAL CODE (for short 'the IPC') vide
Parole is a conditional release aimed at the reformation of convicts, and denial based solely on non-recommendation by authorities without substantial justification is impermissible.
Parole cannot be denied solely based on objections from the victim's family; solid evidence is required to substantiate claims of danger or public disorder.
Parole cannot be denied solely based on the nature of the conviction; maintaining family ties and demonstrating good conduct are paramount for rehabilitation and reform.
Parole serves to maintain family ties and facilitate rehabilitation; denial must be justified by substantial evidence of risk to public order or security.
Parole – Convicts have right to breathe fresh air for short periods – Any objection raised by local inhabitants/relative cannot be sole determinative basis for refusing parole.
Parole cannot be denied solely based on the nature of the crime if the convict exhibits good conduct and a tendency to reform, ensuring the maintenance of family ties is critical.
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