VIRENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India read with Sec. 3 of Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 for quashing of impugned order dtd. 23/12/2025 (Annexure P-3) passed by respondent No.4, whereby application for emergency parole on account of the death of wife of the petitioner has been rejected.

(2.) Upon notice, the State counsel has appeared and has opposed the petition. Both the parties have been heard and material placed on the file has been perused.

(3.) The petitioner is seeking emergency parole under Sec. 3 of Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 on account of death of his wife. His prayer for releasing him on emergency parole has been rejected by the Superintendent, Central Jail, Hisar vide order dtd. 23/12/2025 (Annexure P-3), on the ground that he is a hardcore convicted prisoner as he was convicted in case under Sec. 302 of IPC in FIR No.26 dtd. 19/1/2006 at Police Station Agroha and was sentenced to undergo imprisonment for life. When he returned to jail after availing parole for 10 weeks on 4/6/2025, 620 tablets of some contraband were recovered and case under Sec. 22(B)-61-85 of NDPS Act and 42 of Prisons Act, P.S. Civil Lines, Hisar was registered against him. In the said order, it is also mentioned that custody parole can be granted to hardcore prisoner for attending funeral of his family members or marriage of his children as per Sec. 6(2) Haryana Good Conduct Prisoners (Temporary Release) Act, 2022. Another reason for rejection of the emergency parole is that he has not completed requisite 5 years of his imprisonment after the date of his latest offence under NDPS Act, which was committed on 4/6/2025.