SANJAY Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner is a life convict and presently lodged in District Jail, Sonepat. He was convicted in a case registered vide FIR No. 428 dated 26.11.2011 under Section 302/120-B/34 Indian Penal Code, 1860 [for short 'the IPC'] and Section 25 of the Arms Act, 1959 [for short 'the Arms Act'] at Police Station Civil Lines, Sonepat, for life imprisonment by the Additional Sessions Judge, Sonepat vide his order dated 31.03.2015 but his Criminal Appeal bearing No. CRA-D-210-DB-2017 has been admitted and the recovery of fine has been stayed. It is averred that the petitioner has maintained good conduct in the Jail while undergoing sentence and has given no chance of any complaint, there is no other case pending against him and is a first offender. It is also averred that he has applied for parole for six weeks on account of construction of his residential house after four years of sentence. He is not a danger to the peace and security of anyone in the village or to the Society and the village panchayat has supported his case for releasing him on parole. In this regard, he has filed a certificate of the Gram Panchayat. It is further averred that he had moved an application dated 10.07.2017 to respondent No.3-Superintendent Jail, Sonepat but he did not take any action. It is also averred that father of the petitioner had already expired and now 8-9 months back his elder brother has expired leaving behind his two minor children. It is also submitted that his residential house needs repair and agriculture needs attention, which cannot be carried out by his old aged mother. With these averments, prayer has been made for releasing him on parole for six weeks in terms of the provisions of Section 3 (1) (b) of the Haryana Good Conduct Prisoners (Temporary Release), 1988 (hereinafter referred to as 'the Act').

(2.) The respondents have filed their reply by way of an affidavit of Superintendent District Jail, Sonepat in which it is averred that the petitioner has been convicted and sentenced for life imprisonment with fine of '5,000/- in another case registered vide FIR No. 159 dated 24.08.2001 under Section 302/449/216/120-B/34 IPC and 25 of the Arms Act at Police Station Tosham, District Bhiwani by the Additional Sessions Judge, Bhiwani vide order dated 17.01.2006. Besides having been convicted and sentenced for life in the case registered vide FIR No. 428 dated 26.11.2011. It is also averred that the petitioner was released on three weeks furlough w.e.f. 29.05.2007 from the District Jail, Bhiwani and was directed to surrender on 20.06.2007 but he did not surrender on the specified date and was further arrested and lodged in District Jail Rohtak on 14.11.2007 by the local Police and a case was registered against him vide FIR No. 179/2007 under Section 8/9 of The Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 [for short 'the HGCP Act'] Act at Police Station Sadar Bahadurgarh and a case vide FIR No. 320/2007 was also registered under Section 25/54/59 of the Arms Act. He remained an absconder from parole w.e.f. 20.06.2007 to 13.11.2007 for 4 months and 25 days. It is also submitted that the petitioner was further released on parole for 4 weeks on account of house repair on 12.05.2010 from the District Jail Bhiwani and was directed to surrender on 10.06.2010 but this time also he did not surrender on the date prescribed rather he was again arrested and lodged in the District Jail Sonepat on 30.11.2011 by the local Police with registration of a case vide FIR No. 306 dated 29.11.2011 under Sections 186/353/307/34 of the IPC and Section 25 of the Arms Act and another case is registered against him vide FIR No. 291/10 under Section 8/9 of the HGCP Act at Police Station Sadar Bahadurgarh. The petitioner remained absconder from parole w.e.f. 10.06.2010 to 29.11.2011 i.e. 1 year 5 months and 20 days. It is also averred that the petitioner was convicted for absconding the parole in a case FIR No. 291/2010 by the Court of the learned Judicial Magistrate Ist Class, Bahadurgarh and vide order dated 27.01.2016, sentenced to the period already undergone. Thereafter, the petitioner was categorized as a 'Hardcore' prisoner on 08.04.2015 being convicted for life imprisonment in two different FIRs i.e. FIR No. 159 dated 24.08.2001 registered at Police Station Tosham, District Bhiwani and FIR No. 428 dated 26.11.2011 registered at Police Station Civil Lines, Sonepat. Reference has been made with regard to Clause 2 (aa)(viii) of the Act, as amended in 2013.

(3.) Learned counsel for the respondents have further submitted that the petitioner has not come to the Court with the clean hands, inasmuch as, the application is purported to have been filed to the Superintendent District Jail, Sonepat is allegedly by one Balwinder Singh Son of Sanjay whereas it has been signed by one Sanjay Son of Raghbir Singh.