CHANDERPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of two Criminal Miscellaneous Applications, i.e. CRM-W Nos.435-36 of 2020 as well as the main Criminal Writ Petition, i.e. CRWP No.378 of 2020 as the issue involved in all these three matters is the same.

(2.) By way of CRM-W No.435 of 2020. the petitioner above- named has sought the relief of preponement/early hearing of CRWP No.378 of 2020. as preferred by him for seeking his release on parole and has also prayed for interim direction to the respondents for granting him the emergency parole for four weeks on account of the marriage of his niece namely Neha, which is scheduled to be solemnized on 26.06.2020 whereas in CRM-W No.436 of 2020. he has made a specific prayer for grant of the said emergency parole while averring that he has to make the arrangements for the marriage of his afore-named niece as she had been residing with him.

(3.) In the main petition, i.e. CRWP No.378 of 2020. the petitioner has prayed for issuance of a writ in the nature of certiorari quashing the order dated 19.12.2019 (Annexure P-l), whereby the request/ application for his release on parole has been rejected. He has also sought the relief of issuance of a writ in the nature of mandamus directing the respondents to release him on parole, while pleading that the actual period of his custody in the case arising out of FIR No.229 dated 24.12.2015, under Sections 147, 148, 149, 307, 302 IPC and Section 25 of the Arms Act, is more than 03 years and with remission, the same comes out to be 03 years 07 months. Earlier, in CWP No.3684 of 2019. as preferred by him for seeking parole for the repair of his house, he was so released for 07 days, in view of the application moved therein for seeking emergency parole but he could not get his house repaired and the application, as moved by him again for the afore-said purpose, has been rejected by respondent no.3, vide impugned order Annexure P-l.