Citation : 2022 Latest Caselaw 1464 P&H
Judgement Date : 10 March, 2022
CRWP-2071-2022 (O&M) 1
272
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRWP-2071-2022 (O&M)
Date of Decision:10.03.2022
Rajender @ Golu
.. Petitioner
Vs.
State of Haryana and others
..Respondents
CORAM: HON'BLE MR. JUSTICE MANOJ BAJAJ
Present: Mr. Randeep S. Dhull, Advocate for the petitioner.
Mr. Bhupender Singh, DAG, Haryana.
...
Manoj Bajaj, J. (Oral)
Petitioner Rajender @ Golu (convict) has filed this writ
petition under Article 226 Constitution of India read with Section 3 Sub
Sections (1)(a) and (2)(b) Haryana Good Conduct Prisoners (Temporary
Release) Act, 1988 for issuance of directions to the respondents to release
him on parole for a period of four weeks to enable him to attend and
perform the Tehravi/Bhog ceremony of this father, which is scheduled for
11.03.2022.
Learned counsel for the petitioner has argued that on the day of
his conviction and order of sentence passed by trial Court in case FIR
No.466 dated 05.05.2018, registered under Sections 20-61-85 NDPS Act, at
Police Station City Thanesar, he also lost his father and the bhog ceremony
is to be held on 11.03.2022. He further submits that the appeal against the
judgment of conviction dated 23.02.2022 is in the process of filing,
therefore, the petitioner has approached this Court by way of writ petition
under Article 226 Constitution of India seeking parole for a period of four
weeks.
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Pursuant to the notice of motion order, learned State counsel
has filed the short reply by way of affidavit of Som Nath Jagat,
Superintendent of Prison, District Prison, Kurukshetra along with
verification report filed by SHO, Police Station Krishna Gate, District
Kurukshetra (Annexure R-1/T), wherein it is mentioned that indeed the
bhog ceremony of petitioner's father is scheduled to take place on
11.03.2022.
Considering the grounds raised for parole, this court finds that
the limited prayer made by petitioner deserves acceptance. Resultantly, the
petition is allowed and it is ordered that the petitioner be released on parole
for a period of two weeks, subject to his furnishing the requisite bonds to
the satisfaction of the learned trial Court/CJM/Duty Magistrate concerned.
The petitioner is directed to surrender himself before the concerned Jail
Authorities on 25.03.2022 before 05.00 p.m.
(MANOJ BAJAJ) 10.03.2022 JUDGE Jasmine Kaur
Whether speaking/reasoned Yes No Whether reportable Yes No
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