Arshad v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH -.- Date of Decision : 20.03.2026 Arshad ....Petitioner

VERSUS

State of Haryana ....Respondents CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU

Present:

Mr. Shakti Singh, Advocate for the petitioner. Mr. Sushil Bhardwaj, Addl. A.G., Haryana.

-.- MANDEEP PANNU J. (Oral) 1.

The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a direction to the respondents to release the petitioner on emergency parole for 04 weeks as the marriage of his daughter, namely, Ayesha Parveen is going to be solemnized with Mohammad Ahshan on 30.03.2026.

2.

Learned counsel for the petitioner submits that the petitioner, being the father of the bride, is required to perform essential rites and ceremonies at the time of marriage. It is further submitted that the petitioner is presently confined in District Jail, Karnal and has undergone approximately 09 years of imprisonment. Although it is not disputed that the petitioner had earlier absconded during parole for a considerable period, it is contended that for the last about 06 years, his conduct in jail has remained satisfactory and without any complaint. The petitioner undertakes to abide by all conditions that may be imposed by this Court.

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On the other hand, learned State counsel, while not disputing the factum of the marriage of the petitioner's daughter, has opposed the grant of parole on the ground that the petitioner had previously misused the concession of parole and remained absconding for 11 years and 03 days. 4.

This Court has considered the rival submissions and perused the material on record. While the past conduct of the petitioner in absconding cannot be ignored, the fact that the marriage of his daughter is to take place on 30.03.2026 and his presence as a father is of significant social and personal importance also deserves consideration. At the same time, in view of the earlier misuse of parole, this Court is not inclined to grant parole for an extended duration.

5.

Accordingly, the present petition is disposed of with a direction that the petitioner be released on parole only for one day, i.e., on 30.03.2026, for the limited purpose of attending and performing the necessary ceremonies in the marriage of his daughter.

6.

The release shall be subject to the following conditions: i) The petitioner shall be taken to the place of marriage under adequate police escort and shall remain in custody during the entire period of parole.

ii) The petitioner shall not be permitted to leave the venue of the marriage except under escort.

iii) The petitioner shall surrender back to the jail authorities immediately after completion of the marriage on the same day. iv) The expenses of escort, if any, shall be borne in accordance with applicable rules.

v) The petitioner shall strictly comply with all instructions issued by the escorting officials.

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It is made clear that this limited parole is being granted purely on humanitarian grounds and shall not be treated as a precedent. 8.

Disposed of accordingly.

9.

Pending application(s), if any, is/are disposed of. March 20, 2026 (MANDEEP PANNU) tripti JUDGE Whether speaking/non-speaking : Speaking Whether reportable : Yes/No