PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
AMARJOT BHATTI
Kuldeep Alias Balkar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Amarjot Bhatti, J.
Petitioner Kuldeep alias Balkar filed criminal writ petition under Article 226/227 of Constitution of India read with Section 3 and 5 of Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 (hereinafter to be referred as 'the Act, 2022') for issuing writ in the nature of Certiorari for quashing speaking order dated 03.11.2024 (Annexure P-1) vide which Superintendent of Jail, District Jail, Kamal - respondent No. 4 declined grant of emergency parole to petitioner for the purpose of marriage of his daughter, for a duration of 10 weeks on the ground that petitioner fell under the category of 'hardcore prisoner' under Section 2(1)(g)(vi) of the Act, 2022, without considering the law and relevant provisions with further prayer that he may be released on emergency parole for a period of 10 weeks for marriage of his daughter Khushi, fixed from 04.12.2024 to 05.12.2024 or any other appropriate direction which the Court may deem fit and proper in the given facts and circumstances of case.
2. Learned counsel for petitioner argued that petitioner was convicted in FIR No. 115 dated 11.04.2010, under Section 148, 302, 307, 324, 323, 395 and 447 of IPC and Sect
A hardcore prisoner is ineligible for emergency parole unless he completes five years of imprisonment after the latest offence; however, the court may permit temporary release for last rites under es....
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 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.
The restriction of one year imprisonment after conviction to be eligible for temporary release on parole cannot supersede the substantive provisions of the Good Conduct Prisoners (Temporary Release) ....
The court has the discretion to grant parole based on the necessity for the petitioner to perform certain ceremonies for his son's marriage.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.