SURJEET KATARIYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 27/2/2025 (Annexure P-1) passed by respondent No.2-Superintendent of Prison, Faridabad, whereby his application for grant of regular parole for a period of 10 weeks has been rejected.

(2.) Learned counsel for the petitioner submitted that although the petitioner had been convicted in several other cases but his sentence has already been suspended in most of those cases. He also submitted that respondent No.2, without considering the relevant provisions of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, had passed the impugned order (Annexure P-1) rejecting his parole application, which is unsustainable under the law.

(3.) Learned State counsel, while referring to the reply filed by way of an affidavit of Assistant Commissioner of Police, City Gurugram, submitted that respondent No.2 has rightly rejected the case of the petitioner because he has not completed his requisite sentence of seven years, after having being categorized as a hardcore prisoner, as contemplated under Sec. 6(3) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022. He further submitted that the petitioner, vide the judgment of conviction and order of sentence dtd. 14/1/2020/22/1/2020 in case FIR No.642 dtd. 16/7/2016 registered at Police Station City Gurugram, has been convicted under Ss. 302, 120-B IPC and Sec. 25(1 B) of the Arms Act, for the remainder of his life. The petitioner has also been convicted in other cases bearing FIR No.298/2016, FIR No.812 dtd. 7/12/2001, registered under Sec. 302 IPC and FIR No.188 dtd. 7/5/2016, registered under Sec. 302/34 IPC and Sec. 25 of the Arms Act.