MUBARIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition seeking parole for a period of 6 weeks on the ground that the High Powered Committee ('HPC') of this Court has recommended grant of special parole.

(2.) It must be noted at the outset that the Petitioner is a convict, who is undergoing a sentence of rigorous imprisonment for 10 years, awarded to him by the judgment dated 5th May, 2017 of the Additional Sessions Judge, Palwal pursuant to his conviction for the offence punishable under Section 376 (2) (g) of Indian Penal Code ('IPC') as well as offences under Sections 452 and 323 of the IPC. During the course of his imprisonment, another FIR No. 561/2018 was registered under Section 42 of the Prisons Act, 1894 against him in the year 2018 on the ground that he was found to be in possession of a cell-phone in the jail.

(3.) Mr. Abhinav Sood, learned Counsel for the Petitioner submits that notwithstanding the provisions of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter 'Act'), Section 2 (aa) (iv) of which defines the expression 'hard core prisoner' to mean a person "who has been detected of using cell phone or in possession of cell phone/SIM card inside the jail premises", the Petitioner should be released on parole since he has been granted bail in the aforesaid FIR registered in connection with his being found in possession of a cell-phone. According to him, till such time he is convicted of such offence, which has been registered under Section 42 of the Prisons Act, the said circumstances should not come in the way of him being granted parole.