Vikram v. State Of Haryana And Others

CRWP-2045-2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-2045-2025 Date of Decision: February 28, 2025 Vikram ......Petitioner

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Rohit Mittal, Advocate for the petitioner.

........

RAJESH BHARDWAJ, J.(ORAL) 1.

Present petition has been filed under Article 226 of the Constitution of India for issuance of direction to respondents to grant 15 days' parole from 28.02.2025 to 14.03.2025 on the ground of marriage of real niece(daughter of real sister) of the petitioner under Section-3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. 2.

It has been submitted by learned counsel for the petitioner that petitioner has been convicted under Section 20b(ii)(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for brevity,`the NDPS Act') by learned Additional Sessions Judge, Narnual, vide judgment and order, dated 14.02.2024/20.02.2024, and sentenced to undergo RI for a period of four years. Petitioner filed appeal bearing CRA-S-1425-2024 before this Court alongwith an application for suspension of sentence and the appeal was admitted whereas his application for suspension of sentence is pending adjudication for 23.04.2025. He submits that though mother of the petitioner had filed an application for parole before the jail authorities on 11.02.2025, however, no action has been taken on the same till date.

He further submits that there is no male member in the family of the petitioner as his father has already expired and hence his presence being maternal uncle (Mama )is MEENU 2025.02.28 15:58 I attest to the accuracy and integrity of this document necessary to perform various rituals.

CRWP-2045-2025 -2wedding card of his niece, Annexure P-3.

3.

Learned counsel for the petitioner fairly submits that the petitioner is convicted in another FIR No.116, dated 28.04.2019, under Section 20(c ) of NDPS Act, registered at Police Station Nangal Chaudhary, in which also he filed a parole petition bearing CRWP-2033-2025 and the Coordinate Bench, after perusing the reply filed by the State in the abovesaid case verifying the fact regarding the marriage of the niece of the petitioner, has granted parole to the petitioner vide its order of even date, i.e. 28.02.2025.

4.

Notice of motion to respondents no.1 to 3-State only. 5.

On asking of the Court, Mr.Tanuj Sharma, AAG, Haryana, who is present in Court, accepts notice on behalf of the respondents/State and after going through the reply filed in CRWP-2033-2025, has affirmed the factum of the marriage and he has no objection if petitioner is sent in police custody to attend the marriage of his niece.

6.

In view of the above, the present petition is disposed of with a direction to the Jail Superintendent concerned to make arrangements to take the petitioner under police custody to attend the marriage of his niece on 01.03.2025 at 9.00 a.m. at the place of the marriage and after completion of the marriage ceremonies, he is to be taken back to the concerned Jail at 4.00 p.m.

7.

A copy of this order be supplied to learned counsel for the petitioner under the signatures of Bench Secretary. February 28, 2025 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2025.02.28 15:58 I attest to the accuracy and integrity of this document