228 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-6122-2025 Date of Decision:- 28.10.2025 Bhupender ...Petitioner Versus State of Haryana and others ...Respondents CORAM:- HON’BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Prashant Singh Chauhan, Advocate and Mr. Rahul Sangwan, Advocate for the petitioner.

Mr. Abhishek Yadav, DAG, Haryana.

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AMARJOT BHATTI, J.(Oral)

1. Petitioner Bhupender has filed criminal writ petition under Article 226/227 of Constitution of India in the nature of Certiorari for setting aside/quashing impugned order dated 23.05.2025 (Annexure P-2) passed by respondent No. 4 vide which application filed by petitioner’s mother for granting 10 weeks parole to petitioner has been rejected and further writ in the nature of Mandamus, directing respondents to release petitioner on parole for a period of 10 weeks or any other period which the Court may deem appropriate in the interest of justice.

2. Learned counsel for petitioner pointed out that petitioner was convicted and sentenced in FIR No. 156 dated 10.05.2013 under the provisions of Section 376-D and 506 of IPC. He was undergoing sentence in District Jail, Gurugram. Mother of petitioner filed application for regular parole for a period of 10 weeks which was rejected by respondent No. 4 on the ground that petitioner has committed breach of parole as he was late by 02 hours and 55 minutes to surrender during his previous parole. Copies of application and impugned order dated 23.05.2025 are Annexures P-1 and P-2 respectively. Learned counsel for petitioner also referred to proforma vide which he was granted parole/furlough from time to time (Annexure P- 3) and during this period there was no lapse on his part. Petitioner was also awarded punishment by Superintendent, District Jail, Gurugram for coming late on the aforesaid date, however, said order was set aside by learned Sessions Judge, Gurugram vide order dated 01.10.2024 (Annexure P-4). Now application filed by mother of petitioner seeking parole has been wrongly rejected vide impugned order dated 23.05.2025 (Annexure P-2) by treating him as a hardcore convict under the provisions of Section 6(3) of The Haryana Good Conduct Prisoners (Temporary Release) Act, 2022.

Ultimately, present petition has been filed.

3. Petition is opposed by learned counsel representing State of Haryana. Detailed status report has been filed. Factual position is not disputed. As per Custody Certificate (Annexure R-1), petitioner has undergone actual custody of 09 years 10 months and 01 day and with remission 13 years 04 months and 13 days. Petitioner was granted parole for 10 weeks on 26.06.2024 with direction to surrender at jail gate on 05.09.2024 before 05:00 pm. Form-E/Certificate of Conditional Release is Annexure R-2. Petitioner/convict surrendered on 05.09.2024 at 07:55 pm i.e. 02 hours 55 minutes late from parole period, therefore, he has breached the condition of Section 9(1) of The Haryana Good Conduct Prisoners (Temporary Release) Act, 2022. Accordingly, present petitioner/convict has committed jail offence. He was awarded punishment for forfeiture of remission earned for a period of five days by Superintendent of Prison, Gurugram vide order dated 06.09.2024 (Annexure R-3) and said order was sent to learned District and Sessions Judge, Gurugram for judicial appraisal. Order was set aside by taking a lenient view and he was warned to be careful in future as per order dated 01.10.2024 (Annexure P-4) passed by learned District and Sessions Judge, Gurugram. Thereafter, mother of petitioner/convict filed application on 20.05.2025 seeking parole of 10 weeks and same was rejected as petitioner/convict had not completed requisite term as provided under sub-section 3 of Section 6 of The Haryana Good Conduct Prisoners (Temporary Release) Act, 2022. It is pointed out that a prisoner has no vested right to get temporary release on parole. It is a concession which can be granted if the prisoner is able to fulfil certain co