IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on 11.03.2025 Date of decision: 20.03.2025 Mohit Rana ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH Argued by: Mr. R.S. Dhull, Advocate for the petitioner.

Mr. R.K. Singla, DAG, Haryana.

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KARAMJIT SINGH, J.

1. Present petition has been filed by the petitioner under Article 226/227 of the Constitution of India read with Section 4 of Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 (in short, “the Act of 2022”) seeking quashing of order dated 15.2.2024 (Annexure P-1) passed by respondent No.4-Superintendent, District Jail, Karnal, vide which, written request made by the petitioner seeking grant of furlough for a period of 4 weeks, has been declined arbitrarily by misconstruing and misinterpreting the provisions of para 3 of Sub Section (3) of Section 4 of Act of 2022.

2. Brief facts of the case are that the petitioner was accused in a criminal case having FIR No.145 dated 29.6.2007 registered under Sections 302, 392, 411, 201, 34 IPC at Police Station Murthal, District Sonipat and on conclusion of the trial, the petitioner was convicted vide judgment dated

3.5.2010 and sentenced as follows: (a) imprisonment for life and a fine of Rs.5000/- under Section 302 read with Section 34 of IPC, default in which to undergo rigorous imprisonment for one year, (b) rigorous imprisonment for five years and a fine of Rs.2000/- under Section 392 read with Section 34 of IPC, default in which to undergo rigorous imprisonment for six months, (c) rigorous imprisonment for three years and a fine of Rs.2000/- under Section 201 read with Section 34 of IPC, default in which to undergo rigorous imprisonment for six months and (d) rigorous imprisonment for one year under Section 411 of IPC, vide order dated 6.5.2010 by the trial Court.

3. The appeal filed by the petitioner was dismissed by Division Bench of this Court, vide judgment dated 8.8.2014 and currently, the petitioner is serving his sentence in District Jail, Karnal.

4. Counsel for the petitioner, inter alia, submits that the petitioner has already undergone more than 15 years and 4 months of actual sentence and that period comes out to be more than 19 years with inclusion of remissions. It is further submitted that earlier the petitioner has availed parole on different occasions and the said period comes out to be more than 2 years and 3 months and the petitioner never misused the said concession as is clear from the custody certificate dated 8.3.2025 submitted by the Deputy Superintendent, District Prison, Karnal.

5. Counsel for the petitioner further submits that the petitioner applied for grant of furlough under Section 4 of Act of 2022. However, the request by the petitioner is declined by respondent No.4 vide order (Annexure P-1) with following observations : -

“Regarding the furlough application provided by you, you are hereby informed that according to Para 3 of Sub Section (3) of Section 4 of the Haryana Good Conduct Prisoner (Temporary Release) Act, 2022; Provided further that the convicted prisoners sentenced under the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985) or sedition or rape with murder or robbery or dacoity with murder or murder with intention of collecting ransom or extortion or sexual offences against child below twelve years of age or sentenced to undergo imprisonment till natural life shall not be eligible for furlough. You are a convicted prisoner in the aforementioned case for crime of murder with dacoity and therefore you are not entitled to the leave of furlough as per para 3 of Sub Section (3) of Section 4 of the Haryana Good Conduct Prisoner (Temporary Release) Act, 2022. This is supplied to you for due notification.”

6. Counsel for the petitioner further submits that the case of the petitioner for grant of furlough is not covered under the Act of 2022 as the petitioner was convicted and sentenced to impriso