SONU @ PRADEEP Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) The petitioner, having been sentenced on 30.03.2016 by the Sessions Court, Jhajjar, in FIR No.136 dated 25.05.2013, to undergo life imprisonment under Section 302 of the Indian Penal Code and other offences, has filed the present petition seeking temporary release under Section 3 (1) (b) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as '1988 Act') to enable him to solemnize his marriage.

(2.) It is claimed in the petition that his marriage is to be solemnized on 30.07.2017, whereas, the date of Lagan ceremony was fixed as 20.07.2017. The petition is accompanied by invitation cards (Annexure P-1 and P-2) got printed by the families of petitioner and respondent No.4. The reports have been submitted by the Panchayats of villages Godhari, and Bir Chhuchhakwas, District Jhajjar.

(3.) On notice having been issued to the respondents, reply has been filed by the State averring therein that for having been found in possession of mobile phone during search on different occasions, FIRs have been registered against the petitioner under Sections 42/45 of the Jail Act at Police Station Jhajjar. The details of FIR have been mentioned in the reply. It has also been claimed by the State authorities that as per the provisions of Section 2 (2) of the Haryana Good Conduct Prisoners (Temporary Release) Amendment Act, 2015 (hereinafter referred to as 'the Amended Act, 2015), a hardcore prisoner who has not been awarded death penalty may be entitled for temporary release or furlough only if he has completed 5 years' imprisonment and has not been awarded any major punishment by the Superintendent of Jail. The petitioner having not completed 5 years' imprisonment after conviction including 2 years' custody during trial, he is not entitled for parole as per Section 2 (2) of the Amended Act, 2015. However, it is admitted that on enquiry having been conducted by the Station House Officer, Police Station Beri, the marriage is actually fixed to be solemnized on 30.07.2017 at village Bir Chhuchhakwas.