The single judge bench of Justice Gurvinder Singh Gill of the Punjab and Haryana High court in the case of Vishweshar @ Rinku V. State of Haryana and others declined the application of granting parole to the accused on the ground that the accused is a hardcore criminal.
BRIEF FACTS
The factual matrix of the case is that the petitioner is convicted under sections 364-A, 377, 201, 34, 420, 411, 468, 471 of the Indian Penal Code and under Section 25 of the Arms Act wherein he has been sentenced to undergo life imprisonment. The wife of the petitioner filed the application for the release of the petitioner on parole for the purpose of admission of his three daughters as there is no other male member in the family. Thereafter, the said application was declined on the ground that the wife and the daughters of the petitioner are there to take care of the admission of the children and one of his daughters currently is in class XI. Further, the petitioner falls under the hardcore criminal.
The learned counsel appearing on behalf of the petitioner contended that even after the judgment is pronounced, the accused still can be considered for the grant of parole on a provisional basis, subject to imposing some strict conditions. The counsel also relied on the judgment titled, ‘Kulwant @ Monu versus State of Haryana and others.’
COURT’S OBSERVATION
The hon’ble court held that it is no where mentioned as to whether the presence of the petitioner for the purpose of getting the children admitted to school/colleges is mandatory. The wife is also there to look after the admissions of the daughters and the petitioner is stated to be a ‘hard core’ criminal and doesn’t deserve to be released on parole.
CASE NAME- Vishweshar @ Rinku V. State of Haryana and others
CITATION- CRWP-4948-2022 (O&M)
CORUM- Justice Gurvinder Singh Gill
DATED- 17.8.2022
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