Kuldeep vs State Of Haryana And Others
2022 Latest Caselaw 15800 P&H

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
241 CRWP-11171-2022
Date of Decision: 05.12.2022
KULDEEP ..-Petitioner
Versus
STATE OF HARYANA AND OTHERS ...Respondents

Coram: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present: Mr. Randeep S. Dhull, Advocate
for the petitioner
Ms. Dimple Jain, AAG, Haryana

ae 2 oe

JAGMOHAN BANSAL, J. (ORAL)

This Court on 29.11.2022 passed the following order:-

"The petitioner through instant petition under Articles 226 and 227 of the Constitution of India read with Section 5(1) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 is seeking release of petitioner on parole for a period of four weeks.

"Learned counsel for the petitioner inter alia contends that mother of the petitioner has been admitted in the ICU and she is surviving with the support of ventilator. The petitioner is only male member in the family who can take care of her.

Notice of motion.

"On the asking of Court, Ms. Dimple Jain, AAG, Haryana accepts notice on behalf of respondent-State and seeks time to file status report.

On her request, adjourned to 05.12.2022."

Learned State counsel has filed reply by way of affidavit dated 04.12.2022 of Deputy Superintendent, District Jail Bhiwani. The same is taken on record. The Registry is directed to tag it at an appropriate place.

Learned counsel for the petitioner submits that mother of the petitioner has already been discharged as Doctors are of the opinion that she would not survive for more than 2 weeks.

Learned State counsel, while pointing out paragraph 5 of the reply, would submit that report of SHO Bawani Khera is to be countersigned by Civil Surgeon, Hisar, and as soon as it is countersigned by Civil Surgeon, case of parole

MOHIT KUMAR

rattestto ne [email protected] finally be decided.

authenticity of this order/judgment

From the perusal of the reply as well as arguments of both sides, it comes out that petitioner has been awarded sentence of 10 years under Section 307 IPC. The petitioner has already suffered incarceration of 2 years 4 months 11 days.

Learned State counsel, in view of the reply, is unable to controvert the fact that mother of the petitioner is on her death bed.

In view of peculiar facts and circumstances of the case, the petitioner is ordered to be released on parole of 4 weeks subject to furnishing of appropriate bonds before District Magistrate, Bhiwani. The petitioner shall surrender before the Jail Authorities on or before 10.01.2023.

Disposed of in aforesaid terms.

( JAGMOHAN BANSAL ) JUDGE 05.12.2022 Mohit Kumar

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

MOHIT KUMAR

2022.12.05 17:45

| attest to the accuracy and authenticity of this order/judgment