SUNDER @ KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed by convict Sunder @ Kala seeking quashing/setting aside of the order dated 16.6.2016 (Annexure P-3) passed by the Commissioner, Gurgaon Division, Gurgaon whereby his claim for grant of parole for four weeks for undertaking repair of his house stood rejected.

(2.) According to the petitioner, he was convicted in FIR No. 13 dated 27.1.2009 for commission of offences under Sections 395/397/120-B IPC and Section 25 of the Arms Act, registered at Police Station Sector-14, Panchkula. The trial Court convicted him for the aforementioned offences and sentenced him to undergo imprisonment for ten years. He is undergoing the said sentence of imprisonment while being confined in the District Jail, Gurgaon and the appeal filed by him against his conviction and sentence stood admitted in this Court.

(3.) According to the petitioner, on 28.3.2016, he submitted an application to the Jail Superintendent requesting therein for grant of four weeks' parole for repairing his ancestral house. The said application was supported by the Panchayatnama dated 25.3.2016. The application was forwarded by the Jail Superintendent to the Commissioner, Gurgaon Division, Gurgaon as well as to the District Magistrate, Rohtak for conducting verification of the ground pleaded by him and for passing the final order. The District Magistrate got verified his plea through local police as per which, he is involved in twelve cases and his parents and two brothers can carry out the necessary repairs of his house. On the basis of the said report, the Commissioner, Gurgaon Division, Gurgaon vide order dated 16.6.2016 rejected his prayer for his release on parole. According to him, the concession of parole could not be denied to him unless the State Government or an Officer authorised by it in this behalf is satisfied that his release is likely to endanger the security of the State or the maintenance of public order. As none of the grounds exists, he deserves to be released on parole so as to repair his ancestral house. Further, the Panchayat had reported that in the event of his release on parole, there would be no breach of peace. He has two brothers but they are living separately whereas his parents are in advanced age.