SAHIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the impugned order dated 08.07.2021 (Annexure P-4) passed by respondent No.3, whereby, the application of the petitioner seeking parole, has been dismissed. Further prayer is for issuance of direction to the respondents to release the petitioner on parole for a period of four weeks for the purpose of house repair and agricultural work.

(2.) The petitioner was tried in FIR No.27 dated 19.09.2016, under Sections 148, 149, 302, 364, 506 IPC and Section 25 of the Arms Act, Police Station Sanoli, Panipat and accordingly, he has been convicted and sentenced for life imprisonment. Against the judgment of conviction and order of sentence, petitioner filed an appeal before this Court, which is still pending admitted for final adjudication.

(3.) Learned counsel for the petitioner submits that the petitioner is the only son of his parents. His parents are very old and are completely dependent on the petitioner. His father is suffering from spinal injury. The condition of his house is also bad, which needs immediate repair. There is 2-3 acres of land in the name of his father and petitioner being the only son has to cultivate the same as his father is suffering from spinal injury. Except the aforesaid land, petitioner's family has no other source of income. He further submits that earlier, the petitioner was released on parole for 04 weeks for agricultural purpose and was directed to surrender before the jail on 06.04.2021, but he surrendered on 07.04.2021 as he was tested corona positive. During the aforesaid period of parole, a false case was got registered against him on behalf of a fruit vendor on some minor dispute, in which, he was released on bail on 06.04.2021. He has not committed any jail offence during his custody.