KARTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petition has been filed under Articles 226/227 of the Constitution of India read with Sec. 3 sub-Sec. (1) (b) and (2) (b) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 ('Act' - for short) for temporary release of the petitioner on parole for a period of four weeks to attend the marriage of his sister's daughter ('bhanji') which is to be solemnized on 21/11/2016.

(2.) It is submitted that the petitioner is the only maternal uncle of Pooja whose marriage is to be solemnized with Sandeep on 21/11/2016. Therefore, the presence of the maternal uncle at the marriage ceremony is necessary and essential. The petitioner filed an application dtd. 13/9/2016 (Annexure P1) addressed to the Superintendent, District Jail, Karnal for grant of temporary release. The same, it is submitted, has not been considered or dealt with. Besides, in support of his claim for temporary release on parole, he has placed on record the wedding card (Annexure P2) and also Panchayat report dtd. 21/9/2016 (Annexure P3).

(3.) Reply by way of affidavit dtd. 5/11/2016 of Mr. Sher Singh, Superintendent of Prison, District Prison, Karnal, has been filed. It is inter alia stated that the petitioner is undergoing life imprisonment in case FIR No. 434 dtd. 31/12/2000, registered at Police Station Gharaunda, District Karnal, for the offences punishable under Ss. 364, 302, 201, 216, 120-B of the Indian Penal Code ('IPC' - for short); besides, under Sec. 25 of the Arms Act. He was convicted by the learned Additional Sessions Judge, Karnal on 17/5/2004. At present, he is undergoing his life imprisonment at District Prison, Karnal. The factum of the marriage of the petitioner's sister's daughter ('bhanji') has been verified from the Superintendent of Police, Sonipat through SHO, Police Station Gohana, District Sonepat. The details of the parole that have been availed by the petitioner from 20/10/2004 to 31/5/2016 have been mentioned.