ASHOK KUMAR Vs. STATE OF HARYANA
LAWS(P&H)-2021-4-2
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 01,2021

ASHOK KUMAR Appellant
VERSUS
STATE OF HARYANA Respondents


Referred Judgements :-

SANJAY PETITIONER VS. STATE OF HARYANA [REFERRED TO]
VAKIL RAJ AND ORS. VS. STATE OF HARYANA AND ORS. [REFERRED TO]


JUDGEMENT

Gurvinder Singh Gill,J. - (1.)The petitioner assails order dated 10.2.2020 (Annexure P-1) passed by respondent No.1 declining the request made by the petitioner for grant of parole for 4 weeks under provisions of Section 3(1)(d) of Haryana Good Conduct Prisoner's (Temporary Release) Act, 1988.
(2.)The petitioner stands convicted for having committed offence under Section 302, 412, 394, 323 IPC vide judgment dated 22.11.2003 passed by learned Sessions Judge, Faridabad in a case arising out of FIR No.331, dated 10.11.2001, Police Station Mujjesar, District Faridabad and has been sentenced to undergo life imprisonment. Although, the petitioner assailed the aforesaid judgment dated 22.11.2003 by filing an appeal in this Court i.e. CRA-216-DB-2004 but the same came to be dismissed vide judgment dated 5.10.2010 passed by this Court.
(3.)The petitioner moved an application for grant of parole for 4 weeks on the ground that his house needed repairs. The said application was forwarded by respondent No.2, Superintendent, District Jail, Faridabad to respondent No.3 for conducting verification. Respondent No.3 got the necessary verification conducted through police and other concerned officers wherein it was reported that house in question belongs to the petitioner and indeed needs to be repaired. However, his release was not recommended as it was reported that there is apprehension of breach of peace in the village, in case he is released on parole. On the basis of the said report submitted by Superintendent of Police, Palwal, the respondent No.3 District Magistrate did not recommend grant of parole, while also keeping in view the fact that the petitioner had earlier remained absconding for 9 years when he had been released on parole in the year 2005. Consequently, impugned order dated 10.2.2020 came to be passed.


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