HEMANT Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The facts in brief, which would be necessary for consideration of the lis, stand enumerated as under:

(2.) The petitioner, prior to the filing of the present writ petition, had moved this Court in CWP No.14054 of 2018 for quashing of the order dtd. 16/10/2017 passed by respondent no.3 by which his application seeking parole for 4 weeks for the purpose of house repair was rejected but the writ petition was dismissed on the ground that after jumping the period of parole, the petitioner, in view of the definition contained in Sec. 2(aa)(v) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (as Amended Act No.8 of 2014), (hereinafter to be referred to as 'the Act'), has become a hardcore prisoner and as such, he cannot seek parole or furlough under Sec. 3 or Sec. 4 of the Act, as his case would be covered under Sec. 5A of the Act. Thereafter, the petitioner again filed an application seeking parole for 4 weeks, under the aforesaid provision, for getting his house repaired. However, even though the District Magistrate has recommended his case for grant of parole, the respondent no.4, the Superintendent of Jail-I, Hisar, has given a dissenting opinion and respondent no.3 has declined the request.

(3.) In the aforesaid background of factual matrix, I have heard learned counsel for the petitioner as well as the learned Additional Advocate General, Haryana.