JUDGMENT

Jasgurpreet Singh Puri, J. (Oral)

The present petition has been filed under Article 226 of the Constitution of India praying for issuance of direction in the nature of certiorari for quashing of the impugned speaking order dated 14.03.2023 (Annexure P-2) whereby respondent No.3 i.e. Superintendent, District Jail, Nuh had rejected the parole application of the present petitioner.

2. Learned counsel for the petitioner has submitted that earlier also the petitioner had filed a petition before this Court and further submitted that the wife of the petitioner is suffering from medical illness and a Co-ordinate Bench of this Court vide Annexure P-1 had directed the Superintendent of Jail to decide the prayer of the petitioner for grant of parole within time bound manner and consequently, the impugned order (Annexure P-2) was passed. He further submitted that the wife of the petitioner is actually not well and there are prescription slips pertaining to ultra sound etc. and he is already on bail in the other cases, in which he is involved and therefore, he is entitled for grant of parole.

3. On the other hand, Mr. Sarabjit Singh, DAG, Punjab has stated that he has received an advance copy of the present petition and has gone through the same and has also got instructions in this regard. He submitted that it is a case where the petitioner is not entitled for grant of parole on two grounds. Firstly, he is a hardcore prisoner under Section 2 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 and secondly, he had earlier also filed a petition before this Court and has stated that on the ground of medical illness of his wife, his application for parole may be considered for which necessary directions were issued by a Co-ordinate Bench of this Court vide Annexure P-1 to the Superintendent of Jail to decide the application of the petitioner for grant of parole and this issue was specifically dealt with by the Superintendent of Jail vide impugned order in which it has been so stated that the medical illness of the wife of the convict, who is the present petitioner, was verified and as per the report her wife is residing in her maternal home and further stated that she is not stated to be seriously ill and is not admitted in any hospital and presently she has gone to village Narwari for agricultural work.

4. Learned State counsel further submitted that it has also been observed by the Superintendent of Jail vide impugned order that the latest offence of the petitioner falls under the category of hardcore convicted prisoner and the latest offence of the said convict is committed on 11.11.2020, and therefore, he will be entitled for grant of emergency parole or regular parole or furlough only after completion of five years of imprisonment from 11.11.2020 in terms of Section 6 (3) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022.

5. I have heard the learned counsels for the petitioner.

6. The petitioner had earlier approached this Court by filing a petition in which a Co-ordinate Bench of this Court disposed of the same by directing the Superintendent of Jail to decide the grievance of the petitioner wherein the petitioner had filed the aforesaid petition for grant of parole for two months on the ground of medical illness of his wife. Thereafter, vide impugned order dated 14.03.2023, the Superintendent of Jail, Nuh has passed the impugned order by specifically recording that wife of the petitioner is not stated to be seriously ill and is not admitted in any hospital and rather has gone to village Narwari for agricultural work after due verification in this regard. No such perversity can be found i