ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed seeking directions to the respondents to release the petitioner on four weeks parole for the marriage purpose of real brother in FIR No.224 dated 17.10.2011, under Sections 302, 307, 216, 148, 149 and 120-B IPC, and under Section 25 of the Arms Act, registered at Police Station, Kurukshetra.

(2.) Notice of motion was issued in this case and the State has filed status report by way of affidavit of Mr.Rajender Singh, Deputy Superintendent, District Jail, Yamunanagar which is taken on record. It has been stated in the affidavit that the case of the petitioner had been rejected by the competent authority vide order dated 3.2.2020. It has been further stated in the affidavit that parole case of the petitioner cannot be initiated because the petitioner is in "hard core" category and is also facing trial in number of cases in various courts in which he is not on bail in two criminal cases details of which have been mentioned in para 2 of the status report. It has been further stated that the petitioner was convicted and sentenced to undergo life imprisonment in FIR No.224 dated 17.10.2011, under Sections 302, 307, 120-B, 148 and 149 IPC, P.S. City Kurukshetra, District Kurukshetra, and the appeal against that was also dismissed and he is undergoing the sentence in District Prison, Yamuna Nagar. It has been further stated in the affidavit that the petitioner has also been acquitted in about 10 cases which pertain largely to Arms Act details of which have been stated in para 4 of the status report. It has also been stated in the status report that the petitioner is facing prosecution in FIR No.330 dated 25.07.2017 under Section 41-A of Prisons Act, P.S. City Kaithal and the petitioner falls under the "hardcore category" as per the definition contained in Section 2 (aa) (iv) of the Haryana Good Conduct Prisoners (Temporary Release) Amended Act, 2012. Thereafter, in para 6, it has been stated that the petitioner was earlier released on six weeks parole on 12.3.2016, but he had not surrendered himself at the jail gate in time and was arrested by police and lodged in the jail after 3 months and 2 days and ftirther while on parole, 5 cases were registered against the petitioner out of which 3 cases pertain to the Arms Act and the other under Sections 302 and 307 IPC etc. Thereafter, another case has been registered against the petitioner under Section 8/9 of Haryana Good Conduct Prisoners' (Temporary Release) Act, 1988, P.S. Uchana, District Jind in which the sentence has already been undergone by the petitioner on 22.1.2019.

(3.) Learned State counsel submits that in view of the conduct of the petitioner and especially in view of the fact that he had jumped the parole and while on parole 5 cases were registered against him and thereafter, he was arrested by the police and that he is also in the "hardcore category" and as such, is not entitled to the concession of parole and the marriage of brother is not such a ground on the basis of which parole may be granted.