RISHI PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant writ petition has been filed under Articles 226/227 of the Constitution of India seeking quashing of impugned order dtd. 10/1/2024 (Annexure P-1) passed by the official respondent No.4 vide which his application for regular parole was rejected, with a further prayer to release the petitioner on regular parole for 70 days in FIR No.437 dtd. 26/10/2005 under Ss. 302, 201 of the IPC registered at Police Station City Thanesar, District Kurukshetra.

(2.) Learned counsel for the petitioner submits that the petitioner was convicted and sentenced to life imprisonment in the FIR in question. The appeal of the petitioner against his conviction was dismissed uptil the Hon'ble Supreme Court, and he is currently serving his sentence in District Jail, Nuh. Learned counsel further contends that the petitioner applied for seven days of parole, which was rejected by respondent No.4 on the grounds that the petitioner is classified as a 'hardcore criminal' under Sec. 2(1)(g)(i)(v) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 (hereinafter referred to as, 'the Act'), which is reproduced as under:

(3.) Learned counsel for the petitioner argues that the petitioner was categorized as a 'hardcore criminal' in the impugned order annexed as Annexure P-1, primarily due to his failure to surrender on time on 24/4/2021, as required by the terms of the earlier parole granted to him. Learned counsel has submitted that the petitioner had surrendered in the jail after his earlier parole, after a delay of 10 days. Learned counsel has further emphasized that the petitioner has already been punished for this violation under the provisions of the now - repealed Act of 2018, which prohibited him from reapplying for parole for a period of one year.