KULBIR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has prayed for parole for six weeks to repair his house.

(2.) In brief, the petitioner was convicted and sentenced to undergo for a period of 10 years imprisonment in a case registered vide FIR No. 85 dated 3.5.2006 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short 'the NDPS Act'] at P.S. Garhi, District Jind and is lodged in District Jail, Jind. He has made a prayer for his release on parole for a period of six weeks for repair of his house and in this regard appended a certificate issued by the Gram Panchayat.

(3.) After notice, the respondents have filed their reply in which it is averred that the petitioner was convicted by the Special Court, Jind on 27.8.2007. His appeal bearing CRA-S-145-SB of 2003 has been disposed of by this Court on 22.01.2009. He was released on parole for four weeks on 23.3.2010 but he did not surrender on the date specified and was arrested on 14.9.2014 by the Punjab Police and was thus categorized as a parole absconder from 21.4.2010 to 14.9.2014. One more FIR No. 415 dated 20.7.2012 under Sections 8 and 9 of the Parole Act, 2012 at P.S. City Jind has also been registered against the petitioner for absconding the parole in which he has been acquitted by the CJM, Jind on 4.4.2015. The petitioner was also convicted and sentenced to the period already undergone (for an offence committed during the parole absconding period) in a case registered vide FIR No. 179 dated 14.9.2014 under Section 15 of the NDPS Act at Police Station Dhuri, District Sangrur (Punjab) vide order dated 7.8.2015 passed by the Special Court, Sangrur. The petitioner has thus been categorized as hardcore prisoner in terms of Section 2(aa)(v) of the Parole Act as amended in 2012 as he had failed to surrender himself before 31.4.2010 when he was released on parole for four weeks from 23.3.2010 to 21.4.2010. Section 2(aa)(v) of the Parole Act, 2012 read as under:-