RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide the instant petition filed under Article 226/227 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of certiorari for quashing the impugned order dtd. 2/3/2021 (Annexure P4) whereby respondent No. 3 has declined to release the petitioner on parole for renovation of his house.

(2.) Facts, in brief, are that the petitioner has been convicted on 16/2/2021 in case FIR No.45 dtd. 18/1/2011 registered at P.S.Ratia, District Fatehabad for offences punishable under Ss. 396, 120-B, 412 and 482 of the Indian Penal Code, 1860 and sentenced to undergo rigourous imprisonment for life. Appeal bearing CRA-D No.180-DB of 2021 filed by the petitioner before this Court has been admitted and is pending. The petitioner is undergoing sentence in Central Jail-II, Hisar. The petitioner sought parole for the purpose of renovation of his old house and through his mother submitted an application dtd. 23/2/2021 (Annexure P-1) which has been recommended by the Sarpanch, Gram Panchayat, Dharsul Khurd who certified that the house of the petitioner is in need of repairs and there is no threat to the peace of the area in case the petitioner is released on parole. This application has been rejected vide order impugned herein.

(3.) Counsel for the petitioner has submitted that the petitioner has undergone more than nine years of imprisonment and his case is covered under Sec. 3 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for brevity hereinafter referred to as "the Act"). The petition has been opposed by the State Counsel, who has appeared on advance notice, and filed a reply wherein it has been stated that the petitioner is a hardcore prisoner and he does not fulfill the conditions for temporary release as laid down in Sec. 5-A of the Act.