Surinder Pal Singh v. State Of Haryana And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Writ Petition No.202 of 2016 Date of Decision : February 19, 2016 Surinder Pal Singh @ Chhinder Pal ....Petitioner

VERSUS

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE T.P.S. MANN HON'BLE MR. JUSTICE RAMENDRA JAIN Present :

Mr. Ankur Malik, Advocate for the petitioner.

Mr. Kapil Aggarwal, Advocate Additional Advocate General, Haryana.

T.P.S. MANN, J.

Prayer made in the present petition filed under Article 226 of the Constitution of India read with Section 3(1)(b) of Haryana Good Conduct Prisoners (Temporary Release) Act, 1962 is for grant of emergency parole to the petitioner to enable him to solemnize the marriage of his daughter Ramanjeet Kaur on 28.2.2016. The petitioner stands convicted under Sections 148/149/307/302/323/114/120-B IPC and Sections 25 and 27 of the Arms Act and sentenced to undergo imprisonment for life vide judgment and order dated 2/6.2.2015 passed by learned Additional Sessions Judge, Ambala.

According to the petitioner, his daughter is getting married on 28.2.2016. Since there is no other male member in his family, the presence of the petitioner is necessary to oversee the arrangements, besides giving away the hand of his daughter on the SATISH KUMAR 2016.02.23 14:37 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Writ Petition No.202 of 2016 -2auspicious occasion of her marriage as per traditions. In this regard, he has drawn the attention of the Court to the invitation card (Annexure P-1).

Further, according to the petitioner, his wife approached the Jail Superintendent, Ambala and also the District Collector, Ambala for releasing him on emergency parole but failed to get any relief.

Upon notice, learned State counsel has submitted the report dated 16.2.2016 prepared by the Station House Officer, Police Station, Ambala, wherein it stands mentioned that the factum of the petitioner's daughter Ramanjeet Kaur getting married on 27/28.2.2016 stands duly verified.

After hearing learned counsel for the parties, this Courts finds that the presence of the petitioner at the time of solemization of his daughter's marriage would be most essential. Therefore, a case is made out for releasing him on parole.

Resultantly, the petition is accepted and the petitioner is ordered to be released on emergency parole for one week w.e.f. 24.2.2016, subject to his furnishing of appropriate bonds to the satisfaction of the District Magistrate, Ambala. ( T.P.S. MANN ) JUDGE (RAMENDRA JAIN ) February 19, 2016 JUDGE satish SATISH KUMAR 2016.02.23 14:37 I attest to the accuracy and authenticity of this document Chandigarh