SUSHIL SON Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed for quashing of order dtd. 30/1/2019 (Annexure P-4) passed by the Superintendent Jail, District Jail, Kaithal whereby the application of the petitioner for release on parole to attend the marriage of his son has been rejected.

(2.) The petitioner has been convicted and sentenced to undergo rigorous imprisonment for 4 years in case FIR No.139 dtd. 2/5/2006 under Ss. 323, 325, 148 and 149 IPC, Police Station Pundri, District Kaithal by Chief Judicial Magistrate, Kaithal vide judgment and order dtd. 5/6/2015/9/6/2016. His appeal was dismissed by Additional Sessions Judge, Kaithal on 11/1/2019. He has filed Criminal Revision No.250 of 2019 which is pending adjudication before this Court.

(3.) He filed an application for release on parole to attend the marriage of his son which is fixed for 10/2/2019. The said application was rejected vide impugned order dtd. 30/1/2019. Reference was made to Rule 4(1) of Haryana Good Conduct Prisoners (Temporary Release) Rules 2007 as per which the prisoner would be entitled for parole only after he has completed one year of his imprisonment after the conviction and has earned his first annual good conduct remission under the Act.