GULAB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of three weeks' parole to the petitioner to enable him to perform the last rites/rituals/Terahvi ceremony of his real brother, who had died on 14/4/2019. Brief facts of the case are that the petitioner is a convict in FIR No. 334 dtd. 30/7/2001, under Ss. 302, 148, 323, 324, 506 and 149 of the IPC and was sentenced to life imprisonment under Sec. 302 IPC by the trial Court. However, in criminal appeal bearing CRA-D-348-DB-2003, the sentence awarded to the petitioner was reduced to 10 years by holding him guilty of offence punishable under Sec. 304-II IPC.

(2.) Learned counsel for the petitioner submits that the petitioner has applied for parole for the purpose of attending/performing the last rites of his real brother who had died on 14/4/2019 and Terahvi ceremony is fixed for 22/4/2019, however, the application of the petitioner was declined. Reply, by way of affidavit of Superintendent Jail, District Jail, Kaithal, is filed in Court today. Para 8 of the reply reads as under:

(3.) Learned counsel for the petitioner has relied upon Mahavir vs. State of Haryana and others, 2012 (4) RCR (Crl.) 230. The operative part of the order reads as under: