Punjab-Haryana High Court
Ravi Dutt @ Dhillu @ Battery vs State Of Haryana And Others on 1 June, 2023
Neutral Citation No:=2023:PHHC:081453-DB
2023:PHHC:081453-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
221 CRWP-5180-2023
Date of Decision: 01.06.2023
Ravi Dutt @ Dhillu @ Battery
....Petitioner
Versus
State of Haryana and others
....Respondents
CORAM: HON'BLE MR. JUSTICE B.S.WALIA
HON'BLE MR. JUSTICE LALIT BATRA
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Present: Mr. Hoshiar Singh Jaswal, Advocate
for the petitioner.
Mr. Surender Singh Pannu, Addl. A.G. Haryana.
****
B.S.Walia, J. (Oral)
Prayer in this petition under Article 226 of the Constitution of
India is for the issuance of appropriate directions to respondent Nos.1 and 2
to accept the surety bonds on behalf of the petitioner and to release him on
regular parole for 10 weeks in terms of sanction order (Annexure P-1) dated
27.12.2022 (wrongly mentioned as 27.12.2023).
Reply has been filed by the learned Additional Advocate
General, Haryana, indicating therein that the petitioner is undergoing custody
in the instant case pursuant to his conviction on 14.06.2018 in case FIR
No.182 dated 15.05.2015 under Sections 120-B and 302 IPC read with
Section 34 IPC and Section 25 of the Arms Act, Police Station Sohna,
District Gurugram, by the Court of the Additional District & Sessions Judge,
Gurugram whereby he was sentenced to undergo life imprisonment with fine
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of Rs.32000/- and in default of payment of fine to further undergo
imprisonment for a period of one year and four months.
Admittedly, the petitioner moved an application for being
released on parole for 10 weeks parole for which release warrant (Annexure
P-1) dated 27.12.2022 was issued by the Competent Authority but the same
was not executed within the stipulated period of four months as provided for
under Section 11 (8) of the Haryana Good Conduct Prisoners (Temporary
Release) Act, 2022 and in the meantime, on 08.02.2023, the petitioner was
convicted in another case, i.e. FIR No.125 dated 23.02.2015 under Section
302 read with Section 34 IPC, Police Station Jhajjar, and sentenced to
undergo life imprisonment with fine of Rs.10,000/- and in default of payment
of fine to under further imprisonment for 09 months.
The status report further mentions that in the circumstances, the
petitioner falls within the definition of "Hardcore Prisoner" as is
contemplated under Section 2(1)(g) of the Act ibid. The same reads as
under:-
"2(1)(g). "Hardcore convicted prisoner" means any prisoner- (i)
who has been convicted for any of the following offences:-
(1) robbery under section 392 or section 394 of the
Indian Penal Code, 1860 (Central Act 45 of 1860);
or
(2) dacoity under section 395 or section 396 or section
397of the Indian Penal Code, 1860 (Central Act 45
of 1860); or
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(3) kidnapping for ransom under section 364-Aof the
Indian Penal Code, 1860 (Central Act 45 of 1860);
or
(4) murder or attempt to murder for extortion under
section 387 read with section 302 or section 387
read with section 307 of the Indian Penal Code,
1860 (Central Act 45 of 1860); or
(5) rape or penetrative sexual assault or aggravated
penetrative sexual assault or unnatural offence with
murder under section 376 or section 377 read with
section 302 of the Indian Penal Code, 1860 (Central
Act 45 of 1860); or
(6) rape or penetrative sexual assault or aggravated
penetrative sexual assault or unnatural offence with
a child below sixteen years of age; or
(7) gang rape or rape as covered under section 376-A
or section 376-C or section 376-D or section 376-E
of the Indian Penal Code, 1860 (Central Act 45 of
1860); or
(8) serial killing i.e. murder under section 302 of the
Indian Penal Code, 1860 (Central Act 45 of 1860)
in two or more cases in different First Information
Reports (FIRs); or
(9) murder under section 302 of the Indian Penal Code,
1860 (Central Act 45 of 1860), if the offender is
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involved in contract killing as apparent from the
facts mentioned in the judgment of the case; or
(10) lurking house trespass and convicted under section
458 or section 459 or section 460 of the Indian
Penal Code, 1860 (Central Act 45 of 1860); or
(11) offence under section 121 or section 121-A or section
122 or section 123 or section 124 or section 124-A
of the Indian Penal Code, 1860 (Central Act 45 of
1860); or
(12) immoral trafficking under sections 3, 4 or 5 of the
Immoral Traffic (Prevention) Act, 1956 (Central
Act 104 of 1956) involving minors or under
sections 366-A, 366-B, 372 or section 373 of the
Indian Penal Code, 1860 (Central Act 45 of 1860);
or
Therefore, the petitioner is not entitled to be released on parole
for a period of 05 years from the date of his latest offence in terms of Section
6 (3) of the Act ibid. The same reads as under:-
"6 (3) Notwithstanding anything contained in sub-section (1), a
hardcore convicted prisoner, who has not been awarded death
penalty or life imprisonment till natural life and has completed
five years of his sentence (including maximum two years under
trial period), without committing any major jail offence or any
cognizable offence during the last five years, shall be entitled for
emergency parole or regular parole or furlough at par with
convicted prisoners. Such period of five years shall be counted
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from the date of his latest offence or act which falls under the
category of hardcore convicted prisoner:"
Faced with the afore-noted position, learned counsel for the
petitioner states that in the circumstances, he does not press the instant
petition and the same may be disposed of as such.
In view of the position noted above as well as the statement of
learned counsel for the petitioner, the instant petition is disposed of as not
pressed.
(B.S.WALIA)
JUDGE
01.06.2023 (LALIT BATRA)
d.gulati JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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