SUNIL @ SHILU Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has been convicted by the learned Additional Sessions Judge, Sonipat vide order dated 15.07.2014 in case FIR No. 140 dated 17.06.2011 registered at Police Station Sadar Sonipat for the offences under Sections 148, 149, 302 and 307 Indian Penal Code ('IPC' - for short), besides, Section 25 of the Arms Act.

(2.) The petitioner was sentenced to life imprisonment in the aforesaid case. While undergoing his imprisonment, he sought temporary release on parole for carrying out agricultural operations in terms of Section 3 (1) (c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for short - 'the Act'). According to the petitioner, he has sufficient agricultural land in his share as per the 'Jamabandi' (Annexure P2).

(3.) Reply has been filed by way of affidavit of Sh. Jai Kishan Chhillar, Superintendent Jail, District Jail, Sonipat on behalf of respondents No.1 to 3. Along with the reply, copy of order dated 24.08.2015 (Annexure R-1) has been submitted. In terms of reply and the said order (Annexure R-1), it is stated that the parole case of the petitioner cannot be initiated as the petitioner is facing trial in case FIR No. 293 of 2012 registered at Police Station City Sonipat for which he has been charge sheeted for the offences under Sections 120-B and 201 IPC, besides, Section 42 of the Prisons Act, 1894. It is submitted that in terms of Section 2 (aa) (iv) of the Act, the petitioner is a 'hard core prisoner' inasmuch as he was apprehended while using a mobile phone in the jail premises. It is also submitted that the petitioner had not been granted bail in the said case.