SONU ALIAS AMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The jurisdiction of this court has been invoked under article 226/227 of the Constitution of India read with Sec. 4 of the Haryana Good Conduct Prisoners (Temporary Release) Act 2022 for issuing writ in the nature of certiorari quashing the speaking order dtd. 24/4/2025 passed by respondent no.4 (Annexure P-1) where four weeks furlough has been dismissed arbitrarily by misconstruing and misinterpreting the provisions enumerated in Para (3) of sub Sec. 3 of Sec. 4 of the Haryana Good Conduct Prisoner (Temporary Release) Act 2022.

(2.) Factual matrix of the case unfolds that an FIR No. 275 dtd. 26/12/2005 was registered U/s 302,328,364-A,120-B,506,201,34 IPC at Police Station Gannaur, District Sonepat sentencing him to undergo Rigorous imprisonment for life and fine of Rs.38,000.00, in default to undergo further Rigorous Imprisonment of 3 years and 9 months. Aggrieved against the sentence awarded to him, the petitioner filed an appeal before the Hon'ble High Court bearing CRA-D-1066-DB-2010 titled 'Sonu @ Amar vs. State of Haryana' which has been dismissed vide order dtd. 11/10/2012.

(3.) Counsel for the petitioner contends that the petitioner submitted his request before the Superintendent of Jail, Sonipat for temporary release on furlough for a period of four weeks in lieu of remission period, (that has been earned by him for his good conduct in the jail premises) to check on the well being of his old aged parents wherein his presence was required at his home to perform certain obligations and also to regain his social ties. He further contends that respondent no.4 i.e Superintendent of Jail, District Jail, Sonipat has in his personal capacity, without forwarding the case matter to Respondents no. 2 and 3 who are the penultimate authority in taking decision of the matter had passed the speaking order dtd. 24/4/2025 vide letter no.2906 in his independent capacity claiming that since the petitioner has been convicted for aforementioned provisions, he is not entitled to the grant of leave of furlough as per Para 3 of Sub Sec. (3) of Sec. 4 of the Haryana Good Conduct Prisoner (Temporary Release) Act 2022.