LAWS(P&H)-2019-2-111

PANKAJ Vs. STATE OF HARYANA AND OTHERS

Decided On February 04, 2019
PANKAJ Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) Pankaj - petitioner, who is undergoing imprisonment for 10 years in FIR No.216 dated 8.5.2014 under Sections 498-A, 304-B read with Section 34 IPC registered at Police Station Civil Lines, District Rohtak has filed the instant petition under Articles 226/227 of the Constitution of India praying for his release on parole for the purpose of treatment of his grand-mother and that the order dated 12.12.2018 (Annexure P-2) passed by the Director General of Prisons - respondent No.2 rejecting his application for release on parole be quashed.

(2.) Pursuant to the order of this Court dated 22.1.2019 requiring the petitioner to disclose the number of children and grand-chidren of his grand- mother, an affidavit of the father of the petitoner has been filed. He has stated that Ram Piari (grand-mother of the petitioner) has four children i.e. one son and three daughters, namely Krishan Lal (father of the petitioner), Sudesh, Darshha and Anju. The daughters of Ram Piari are married and are living with their in- laws. Ram Piari is residing with Krishan Lal, who has two sons and a daughter. The one son is the petitioner, who is seeking release on parole. The other son is a student. The daughter of Krishan Lal is residing in Australia. In these circumstances, it is stated that the petitioner is required for taking care of his grand-mother.

(3.) (1) The State Government may, in consultation with the District Magistrate or any other officer appointed in this behalf, by notification in the official Gazette and subject to such conditions and in such manner as may be prescribed, release temporarily for a period specified in sub-Section (2), any prisoner, if the State Government is satisfied that-