RANDHIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present petition under Articles 226/227 of the Constitution of India read with Sec. 3 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 (hereinafter to be referred as 'the Act') with a prayer to quash the order dtd. 22/11/2024 (Annexure P-1) passed by the Divisional Commissioner, Karnal, respondent No. 2, whereby, the prayer of the petitioner to grant him regular parole was declined.

(2.) Learned counsel for the petitioner submits that vide judgment and order dtd. 23/1/2014, the present petitioner was ordered to be convicted by the Court of Additional Sessions Judge, Bhiwani, in case FIR No. 297 dtd. 3/9/2012 registered under Sec. 302 of IPC and Sec. 27 of the Arms Act at Police Station Sadar Dadri, District Bhiwani and was sentenced to undergo imprisonment for life.

(3.) Learned counsel for the petitioner contends that the petitioner had filed an appeal, i.e., CRA D-286-DB-2014 titled as 'Randhir Vs. State of Haryana', which was also dismissed by this Court on 29/9/2022 and at present, the petitioner is undergoing his sentence in District Jail, Karnal. Learned counsel further contends that the petitioner had always maintained good conduct in the prisons and the jail authorities have allowed the petitioner to undergo the sentence in the open jail. It further requires mention that earlier also, the petitioner had availed parole and furlough 12 times and had surrendered on time and without any complaint from any corner. Consequently, the petitioner moved an application to respondent No. 4 to avail the parole to enable him to meet his family members and to fulfill other obligations of the family. Still further, the mother of the petitioner is an old lady and is incapable of performing house-hold chores whereas his only son aged 21 years is a student. Consequently, the financial condition of the family was very poor and the petitioner wanted to help the family in various agricultural operations. Even, the growing and harvesting of crop is a time bound job and the case of the petitioner was initiated with the recommendations that the petitioner fulfills all the conditions prescribed in the Act.