208

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRWP-886-2023

Date of Decision: February 08, 2023

KRISHAN

….Petitioner(s)

VERSUS

STATE OF HARYANA AND OTHERS

….Respondent(s)

CORAM: HON’BLE MR. JUSTICE G.S. SANDHAWALIA

HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Lajtap Rai Sharma, Advocate

for the petitioner.

Mr. Ankur Mittal, Addl. A.G. Haryana with

Mr. Saurabh Mago, AAG, Haryana.

****

G.S. SANDHAWALIA

, J.(ORAL)

The present petition has been filed under Article 226 of

Constitution of India read with Section 5(1) of The Haryana Good Conduct

Prisoners (Temporary Release) Act, 2022, for grant of parole to the

petitioner on the ground of marriage of his nephew, which is fixed for

22.02.2023, while referring to the Marriage Invitation Card (Annexure P-1).

It has been averred that being a maternal uncle, he is required to attend the

marriage.

On 31.01.2023, following order was passed.:-

“Learned counsel for the petitioner contends that the

parole is sought on the ground that the marriage of the niece

of the petitioner has been fixed for 22.02.2023, while

referring to the marriage card Annexure P-1.

Notice of motion.

Mr. Ankur Mittal, Addl. A.G. Haryana, with Mr.

Saurabh Mago, A.A.G. Haryana, accepts notice on behalf of

the respondents-State and prays for time to confirm the said

fact.

SANGEETA

2023.02.09 11:26

I attest to the accuracy and

authenticity of this Judicial

Record/Decree/Document, which is

scanned copy of the original

CRWP-886-2023

-2-

The competent authority shall also confirm the fact that

how many maternal uncles, the niece is stated to have apart

from the present petitioner who marriage is slated to take

place.

Adjourned to 08.02.2023.”

In pursuance of the same, the affidavit of Deputy

Superintendent, District Jail Bhiwani has been filed wherein it has been

averred that in view of Section 3(3) of The Haryana Good Conduct Prisoners

(Temporary Release) Act 2022, convicted prisoner who has not completed

one year of sentence after conviction shall not be eligible for regular parole.

Therefore, since the conviction is dated 22.03.2022, the benefit is not liable

to be granted. Further it has been averred that neither any application for

temporary release on parole has also been filed for the said purpose before

the authorities. It has also been verified that the petitioner has another

brother and, therefore, there would be sufficient representation as such on

behalf of the family to perform the necessary rites.

Keeping in view the statutory bar, we are not inclined to

exercise our extra ordinary jurisdiction to grant parole, in the peculiar facts

and circumstances.

Accordingly, the petition stands dismissed.

(G.S. SANDHAWALIA)

JUDGE

(HARPREET KAUR JEEWAN)

08.02.2023

JUDGE

sangeeta/shivani

SANGEETA

2023.02.09 11:26

I attest to the accuracy and

authenticity of this Judicial

Record/Decree/Document, which is

scanned copy of the original