Punjab-Haryana High Court
Ajmer vs State Of Haryana And Others on 6 January, 2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP-9698-2022
Date of Decision: 06.01.2023
Ajmer ...Petitioner
Versus
State of Haryana & others ...Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. Susheel Gautam, Advocate, for the petitioner.
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner assails order dated 16.09.2022 (Annexure P-1) passed by
the Divisional Commissioner, Karnal Division, Karnal (respondent No.2)
vide which an application moved by the petitioner seeking grant of
regular parole for 10 weeks under provisions of Section 3 of the Haryana
Good Conduct Prisoners (Temporary Release) Act, 2022 has been
declined.
2. Learned counsel for the petitioner submits that the petitioner's
application has been declined vide impugned order solely on the ground
that in case the petitioner is released on parole, some untoward incident
can happen and on account of which the atmosphere of the
society/village would be affected and peace would be hampered.
Learned counsel further submits that the petitioner had been granted
parole on 7 different occasions previously and had always surrendered
back in time and that there is no such allegation or conduct on his part
during the last more than 5 years from which it could be inferred that he
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would hamper peace. Learned counsel for the petitioner in this regard
has drawn the attention of this Court to para 3 of the reply on merits filed
by the State, wherein the details of the parole/furlough availed off by the
petitioner on previous occasions have been mentioned as follows:
S. Type of Leave Duration of Remarks
No. Parole/Furlough
(i) 4 Weeks Parole 20.12.2011 to Reported back on due date &
18.01.2012 time
(ii) 11 days Parole 16.04.2021 to Reported back on due date &
28.04.2012 time
(iii) 3 Weeks Furlough 18.02.2016 to Reported back on due date &
11.03.2016 time
(iv) 4 Weeks Parole 22.06.2016 to Reported back on due date &
21.07.2016 time
(v) 4 Weeks Parole 12.04.2019 to Reported back on due date &
11.05.2019 time
(vi) 2 Weeks Furlough 29.10.2021 to Reported back on due date &
13.11.2021 time
(vii) 2 Weeks Furlough 17.02.2022 to Reported back on due date &
04.03.2022 time
3. Learned State counsel has, however, opposed the petition on the ground
that in view of the provisions of Section 8 of the Haryana Good Conduct
Prisoners (Temporary Release) Act, 2022 and the specific report of the
Superintendent of Police concerned regarding likelihood of some
untoward incident, no case for release of the petitioner on parole is made
out.
4. This Court has considered rival submissions.
5. Having regard to the fact that the petitioner had been granted parole on as
many as 7 previous occasions and had always surrendered back in time
and there is no such conduct on his part, which could be said to be any
pointer as regards apprehension of breach of peace, the impugned order
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dated 16.09.2022 cannot sustain and is hereby set aside. The authorities
concerned are directed to decide the matter afresh while duly taking into
account the ratio of judgment delivered by a Division Bench of this Court
in CRWP-1350-2022 titled 'Phool Kumar Vs. State of Haryana & others'
on 25.04.2022.
6. The needful exercise be done expeditiously within a period of one month
from today.
06.01.2023 (GURVINDER SINGH GILL)
Vimal JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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