MOHIT RANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition has been filed by the petitioner under Article 226/227 of the Constitution of India read with Sec. 4 of Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 (in short, 'the Act of 2022') seeking quashing of order dtd. 15/2/2024 (Annexure P-1) passed by respondent No.4-Superintendent, District Jail, Karnal, vide which, written request made by the petitioner seeking grant of furlough for a period of 4 weeks, has been declined arbitrarily by misconstruing and misinterpreting the provisions of para 3 of Sub Sec. (3) of Sec. 4 of Act of 2022.

(2.) Brief facts of the case are that the petitioner was accused in a criminal case having FIR No. 145 dtd. 29/6/2007 registered under Secs. 302, 392, 411, 201, 34 IPC at Police Station Murthal, District Sonipat and on conclusion of the trial, the petitioner was convicted vide judgment dtd. 3/5/2010 and sentenced as follows: (a) imprisonment for life and a fine of Rs.5000.00 under Sec. 302 read with Sec. 34 of IPC, default in which to undergo rigorous imprisonment for one year, (b) rigorous imprisonment for five years and a fine of Rs.2000.00 under Sec. 392 read with Sec. 34 of IPC, default in which to undergo rigorous imprisonment for six months, (c) rigorous imprisonment for three years and a fine of Rs.2000.00 under Sec. 201 read with Sec. 34 of IPC, default in which to undergo rigorous imprisonment for six months and (d) rigorous imprisonment for one year under Sec. 411 of IPC, vide order dtd. 6/5/2010 by the trial Court.

(3.) The appeal filed by the petitioner was dismissed by Division Bench of this Court, vide judgment dtd. 8/8/2014 and currently, the petitioner is serving his sentence in District Jail, Kamal.