IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-12323-2024 (O&M)

Date of Decision : 10.02.2025 Anand ....Petitioner VERSUS State of Haryana & Others ....Respondents CORAM : HON’BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. P.S.Datta, Sr. Advocate with Ms. Aparna Singhal and Mr. Pawan, Advocates for the petitioner.

Ms. Mahima Yashpal, DAG Haryana.

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SUDEEPTI SHARMA, J. (Oral)

1. The present petition is for issuance of directions to respondents to grant parole to the petitioner Convicted and Sentenced to Life Imprisonment in FIR No.0042/2019 under Sections 376(3), 506 of IPC and Section 6 of POCSO registered at PS Women Police Station, Bhiwani Act vide judgment of conviction and order of sentence dated 04.08.2022 affirmed by this Court vide judgment dated 26.07.2023, for a period of 15 days from 03.01.2025 to solemnize his marriage scheduled on 05.01.2025.

2. On 19.12.2024, the State was directed to file the detailed status report in the present case and the case was adjourned to today i.e. for 10.02.2025. Thereafter, the petitioner filed an application bearing No.CRM-W-166-2025 for amending the prayer in the main petition to the extent of release on parole from

21.02.2025 to 07.03.2025 to solemnize his marriage re-scheduled for 25.02.2025.

3. Learned Senior counsel for the petitioner contends that with the consent of both the parties i.e. the victim as well as the petitioner, their marriage is to be solemnized on 25.02.2025, therefore, now he seeks parole from 21.02.2025 to 07.03.2025.

4. Learned State counsel has placed on record reply/status report dated 07.02.2025 filed by way of affidavit of Devi Dayal Superintendent, District Jail Bhiwani. Relevant portion of the same is reproduced as under:-

“Preliminary Submissions:-

2. That, petitioner/convict Anand S/o Satbir Singh resident of Katesra, Police Station Kalanaur, District Rohtak, was convicted on 04.08.2022 by the learned Court of Ms. Sonika, Additional Sessions Judge cum-Judge, (Fast Track Special Court Under POCSO Act), Bhiwani in case FIR No.42 dated 26.03.2019 U/s 376-C, 506 IPC & Section-6 of POCSO Act.(Conviction U/S 6 of POCSO Act and 506 IPC) P.S. Women Bhiwani District Bhiwani and sentenced as under:-

Sections Sentence Fine Sentence in default of payment of fine

6 of Rigorous 50,000/- Simple POCSO Imprisonment Imprisonment for Act for Life a period of one year

506 IPC Rigorous 5,000/- Simple Imprisonment imprisonment for for three years a period of one month Note:- Imprisonment of life means imprisonment for the remainder of natural life of the accused.

3. That the petitioner/convict has undergone actual imprisonment of 03 years, 10 months & 24 days including undertrial period of 01 year, 04 months & 20 days as on 07.02.2025, the details of custody period undergone by the petitioner/convict as on 07.02.2025 is as under:-

4. That the petitioner/convict has been convicted having committed the rape with a deaf and dumb child girl below the age of sixteen years repeatedly, hence, falls under the category of “Hardcore Prisoner” as per law envisaged under Section 2(1)(g)(i)(6) of Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, which is reproduced as under:-

2(1)(g) “hardcore convicted prisoner” means any prisoner, who ---

(i) (6) “rape or penetrative sexual assault or aggravated penetrative sexual assault or unnatural offence with a child below sixteen years of age”

5. That the petitioner/convict further categories under the category of Hardcore Prisoner as sentenced the imprisonment for the remainder of natural life, hence further as per law contained under Section 6 sub section (3) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 which is reproduced as under:-

6(3) “Provided that a hardcore convicted prisoner who has been sentenced for imprisonment till natural life shall be eligible for emergency parole or regular parole at par with convicted prisoners only after completion of seven years of imprisonment after conviction”

Therefore, the pet