SURENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition has been filed challenging the impugned order dtd. 28/1/2022 (Annexure P-13) passed by respondent No. 6 vide which the application for grant of furlough to the petitioner had been declined on the ground that the petitioner falls into the definition of a 'Hard-Core prisoner' under Sec. 2 (aa) (ii) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 and has also sought directions to the respondents for granting furlough to the petitioner under Sec. 4 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988.

(2.) The pleadings emanate that the petitioner has been convicted and sentenced to undergo life imprisonment in case FIR No. 77 dtd. 25/3/2014 under Sec. 302, 201, 120-B of the Indian Penal Code (hereinafter to be referred to as 'IPC') and Sec. 25 of the Arms Act, registered at Police Station Sadar Ballabgarh, District Faridabad and the conviction had been challenged vide appeal number CRA-D-435-DB of 2018, which is lying admitted before this Court. The details of other criminal cases against the petitioner are mentioned in the custody certificate in Annexure P-14 of the petition. When an earlier, request for a grant of 21 days of furlough, was declined then petitioner filed CRWP-11759-2021, which was disposed of vide order dtd. 18/1/2022 whereby respondent No. 6 was directed to decide the prayer of the petitioner for furlough within a period of one week. In compliance with, the order dtd. 18/1/2022 passed by this Court, the report of respondent No. 3 i.e. Superintendent, District Jail, Gurugram Haryana was sought, and respondent No. 6 vide impugned order dtd. 28/1/2022 rejected the furlough application of the petitioner on the ground that petitioner falls into the Hard-Core category mentioned under sec. 2 (aa) (ii) Of the Haryana Good Conduct (Temporary Release) Amended Act 2013, wherein total 77 cases had been registered against the petitioner, out of which in 29 cases he had undergone sentence, acquitted in 29 cases and is on bail in 17 cases. Further in two cases he has been awarded life sentence and apart from these cases, he has undergone sentence in many other cases.

(3.) After issuance of notice of motion on 15/2/2022 respondents, No. 1 to 3, 6 and, 7 filed their reply by way of an affidavit dtd. 5/5/2022, wherein the complete criminal record of the petitioner by giving complete details in para No. 3 and 4 of the said reply/affidavit has been filed and reiterated the same stand as mentioned in the order dtd. 28/1/2022 vide which the application of the petitioner had been declined.