SATISH Vs. THE STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner was convicted by the trial Court vide its judgment dated 27.05.2016 for offence punishable under Sections 323/302 IPC and was sentenced to undergo rigorous imprisonment for life with fine.

(2.) Aggrieved by said judgment of the trial Court, the petitioner filed a criminal appeal before this Court, which is pending for final disposal. Petitioner was in custody during trial and even after conviction also, he is in custody. The wife of the petitioner is no more. He is having three children. One daughter, namely, Payal (aged about 13 years), son Shivam (aged about 11 years) and daughter Palak (aged about 8 years). The children are residing with the elder brother of the petitioner. Petitioner filed an application for parole for admission of his children but the same was rejected by the Commissioner, Karnal Division, Karnal on the ground that he may commit serious offence.

(3.) Learned counsel for the petitioner submits that a certificate has also been issued by the Gram Panchayat that there is no apprehension of threat. Only on the basis of apprehension, the claim of the petitioner has been rejected. There is no other elder member in the family to make arrangement for admission of the children, who are of school going age. Not only for the purpose of admission but the presence of the petitioner is required to make other arrangements such as books, uniform and amount for the purpose of their admission. Learned counsel also submits that there is no complaint against the petitioner by the jail authorities and he never misused the concession of bail during trial or thereafter.