KULDEEP ALIAS BALKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Kuldeep alias Balkar filed criminal writ petition under Article 226/227 of Constitution of India read with Sec. 3 and 5 of Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 (hereinafter to be referred as 'the Act, 2022') for issuing writ in the nature of Certiorari for quashing speaking order dtd. 3/11/2024 (Annexure P-1) vide which Superintendent of Jail, District Jail, Kamal - respondent No. 4 declined grant of emergency parole to petitioner for the purpose of marriage of his daughter, for a duration of 10 weeks on the ground that petitioner fell under the category of 'hardcore prisoner' under Sec. 2(1)(g)(vi) of the Act, 2022, without considering the law and relevant provisions with further prayer that he may be released on emergency parole for a period of 10 weeks for marriage of his daughter Khushi, fixed from 4/12/2024 to 5/12/2024 or any other appropriate direction which the Court may deem fit and proper in the given facts and circumstances of case.

(2.) Learned counsel for petitioner argued that petitioner was convicted in FIR No. 115 dtd. 11/4/2010, under Sec. 148, 302, 307, 324, 323, 395 and 447 of IPC and Sec. 25 of Arms Act, registered at Police Station Ganaur, District Sonipat, to undergo imprisonment for life. He had preferred appeal in High Court bearing CRA-D-394-DB-2013, titled 'Kuldeep alias Balkar and others Vs. State of Haryana', which is dismissed on 11/1/2017. Petitioner is undergoing sentence in District Jail, Karnal. Marriage of petitioner's daughter Khushi is fixed from 4/12/2024 to 5/12/2024 and in order to fulfill his family obligations, he had applied for emergency parole. Competent authority wrongly held him under the category of 'hardcore prisoner' under Sec. 2(1)(g)(vi) of the Act, 2022 and it was held that he was not found eligible for temporary release on parole under Sec. 6(3) of the Act, 2022, having not completed 5 years of sentence, thus, rejected his application vide impugned order dtd. 3/11/2024 (Annexure P-1). Case of present petitioner is fully covered under the provisions of Sec. 5 of the Act, 2022. Action of respondent No. 4 is illegal, unsustainable in the eyes of law and arbitrary, thus, liable to be set aside. Family members of petitioner have already submitted their undertaking and there is a report of Gram Panchayat, village Nayabans, Tehsil Ganaur, District Sonipat. He is ready to fulfill all conditions and will maintain good conduct throughout the period of sentence and while on bail.

(3.) Status report is already filed. It is argued that present petitioner/convict was convicted on 30/3/2013 by learned Additional Sessions Judge, Sonipat in FIR No. 115/2010 dtd. 11/4/2010 under Sec. 148, 302, 307, 323, 324, 447 of IPC read with Sec. 149 of IPC for rigorous imprisonment for Life and fine of ?10,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months. Apart from aforesaid case, he was involved in nine other cases detailed in para No. 3 of status report and in three of the cases, he is on bail facing trial, whereas, in other six cases, he was acquitted on different dates. It is pointed out that petitioner was released on special parole on 4/3/2020 from Central Jail, Ambala during pandemic Covid-19 but he did not follow parole rules and was involved in FIR No. 213 dtd. 17/7/2020 under Sec. 341, 364-A, 34 of IPC and Sec. 25 of Arms Act, Police Station Rai, District Sonipat and other FIR No. 304/2020 under Sec. 25 of Arms Act, Police Station Ganaur, District Sonipat. He was arrested by local police before expiry of his parole and was sent to District Jail, Sonipat on 19/7/2020. Again petitioner was released on parole for six weeks on 16/7/2021 for agricultural work and he was again involved in FIR No. 373 dtd. 10/8/2021, under Sec. 392, 482, 120-B of IPC, Police Station Dankaur, Gautam Budh Nagar, Uttar Pradesh. Under these circumstances, application filed by wife of petitioner namely Babita was rejected being petitioner not eligible for parole or furlough. However, in status report, it is confirmed that there is marriage of daughter of petitioner namely Khushi, fixed for 5/12/2024 with Anil and family members in house are namely Babita (wife), Khushi (daughter) and Sachin (minor son).