MUKESH Vs. STATE OF HARYANA & ORS

JUDGEMENT

(1.) The petitioner is undergoing life imprisonment in District Prison, Karnal, in FIR No.83 dated 01.04.2004, under Sections 460 read with Section 34 IPC awarded vide judgment dated 21.02.2009 and another sentence of rigorous imprisonment for seven years awarded on 02.09.2008 in FIR No.138 dated 09.04.2004, under Sections 395 and 397 IPC, relating to different police stations of Panipat District. He filed an application for grant of parole for four weeks in order to get his children admitted in school. His prayer was declined by the Competent Authority on 07.06.2014.

(2.) The reasons which weighed in the mind of the Competent Authority while declining the prayer of the petitioner, were (i) he committed jail offence by overstaying parole for one day and (ii) he falls within the definition of "hardcore prisoner" as was convicted under Sections 395, 397 and 460 IPC, as per Clause (aa)(i)(2) inserted in The Haryana Good Conduct Prisoners (Temporary Release) Amendment Act, 2013(for brevity, 2013 Amendment Act)

(3.) It is not in dispute that for overstay, the petitioner was awarded punishment of forfeiture of two days earned remission, which was got judicially appraised by the Sessions Judge and was reduced to forfeiture of one day earned remission. It is also not disputed that after the jail offence, the petitioner was granted parole from 04.04.2012 to 03.05.2012. It is not the case of the respondents that he misused the concession that time. Thus, this ground is no more available to the authorities for declining the relief to the petitioner.