IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: 01.03.2025 Om Parkash ......Petitioner Versus State Haryana and another ......Respondents CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Rajender Kumar, Advocate for the petitioner.

Mr. Kanwar Sanjiv Kumar, AAG, Haryana.

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SANJAY VASHISTH , J.

1. In the present petition filed for releasing the petitioner on parole, on 28.02.2025, following order was passed by this Court:

“Present: Ms. Sweta Beniwal, Advocate for the petitioner.

Mr. Kanwar Sanjiv Kumar, AAG, Haryana.

(appeared on advance notice)

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1. Present criminal writ petition has been filed under Article 226/227 of the Constitution of India read with Section 528 of BNSS read with Section 3(1) (a) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, for issuing directions to respondents for releasing of the petitioner on parole for a period of four weeks on the ground to attend tervi of his only son and to look after his wife.

2. Learned counsel for the petitioner inter alia contends that the petitioner is undergoing the sentence of 10 years of the rigorous imprisonment, awarded to him in case FIR No.338 dated 13.12.2017, under Sections 307/34 of IPC and Sections 25/54/59 of Arms Act, registered at Police Station Salhawas, District Jhajjar and he is presently confined in District Jail, Jhajjar.

3. Further submits that unfortunately son of the petitioner expired on 18.02.2025 and his ritual of tehrvi is scheduled to be held on 03.03.2025 at the native place of the petitioner i.e. Village Sehlanga, Tehsil Matanhel, District Jhajjar. As there is no other member to look after the family, the wife of the petitioner moved an application to the Superintendent of Jail, Jhajjar (Annexure P-2) for releasing of the petitioner from jail. In this regard, the Sarpanch of Gram Panchayat Sehlanga (Jhajjar) has also issued a certificate dated 21.02.2025 (Annexure P-1), certifying the factum of death of the son of the petitioner. Thus, prays for grant of parole to the petitioner.

3. Notice of motion for 01.03.2025. To be taken up as the first case in the urgent list.

4. On asking of the Court, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, who is present in Court, accepts notice and prays for some time to verify the factum of death of the son of the petitioner and performing of ritual of tehrvi on 03.03.2025 as stated on behalf of the petitioner.

5. Let the status report be filed on the next date of hearing positively.”

2. Before proceeding further, this Court has noticed that the address of the petitioner mentioned in the memo of parties is of District Hisar, whereas in the certificate dated 21.02.2025 (Annexure P-1), issued by the Sarpanch, Gram Panchayat, Sehlanga (Jhajjar), address mentioned is of Jhajjar.

It is also noticed that the Superintendent of Jail, District Jail, Karnal has been arrayed as respondent No.2, whereas, representation (undated) [Annexure P-2] has been addressed to the Superintendent of Jail, Jhajjar, where the petitioner is presently lodged.

3. Be that as it may. Noticing the aspect that primary prayer of the petitioner is for releasing him on parole, enabling him to attend the customary ritual of tehrvi of his son, which is fixed for 03.03.2025 at his native Village i.e. Village Sehlanga, Tehsil Matanhel, District Jhajjar, this Court has looked into the same.

4. In compliance to the order dated 28.02.2025, Mr. Kanwar Sanjiv Kumar, Asst. A.G., Haryana, has filed the custody certificate dated 28.02.2025, photocopy of the report dated 28.02.2025 Incharge Police Station, Sahlawas, and photocopy of the certificate dated 28.02.2025, issued by the Sarpanch Gram Panchayat Sehlanga (Jhajjar), which are taken on record. Registry is directed to tag the same at appropriate place with the paper-book.

Learned State counsel also inform the Court that the factum of the death of son of the petitioner, namely; Arun, who expired on 18.02.2025 and cremated on 19.02.2025 has been verified. And, the customary ritual o