High Court of Punjab and HaryanaCRWP/1350/2017dismissed

Harinder Singh @ Bhura v. State Of Haryana & ORS

2017-12-02Mr. Justice Rajesh Bhardwaj2 pages

CRWP-1350-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Criminal Writ Petition No. 1350 of 2017 (O&M) Date of Decision: December 02, 2017 Harinder Singh @ Bhura ......PETITIONER(s).

VERSUS

State of Haryana and others ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Ms. Harpreet Kaur, Advocate for Ms. Loveleen Dhaliwal, Advocate for the petitioner (s).

Mr. Amrik Narwal, DAG, Haryana.

******* SURINDER GUPTA, J.

Heard.

This is petition seeking parole for the petitioner for marriage of his nephew Jagjeet Singh son of Iqbal Singh.

Learned counsel for the petitioner submits that Jagjeet Singh is sister's son of petitioner whose marriage is fixed for 03.12.2017. Short parole is required to enable the petitioner to perform the ceremonies of marriage.

Learned State counsel opposes grant of parole to the petitioner on the ground that petitioner was allowed parole under Section 3(1) (d) for repair of house for the period from 27.09.2017 to 26.10.2017. Rule 11(3) of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007 bars Jyoti 2017.12.02 15:13 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRWP-1350-2017 -2grant of parole for more than once under Section 3(1) (b) or 3(1) (d) during a calendar year.

This fact is not disputed that the petitioner was allowed house repair parole from 27.09.2017 to 26.10.2017 under Section 3(1) (d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988. Rules 11(3) of 2007 Rules provides as follows:

(3) Under Section 3(2) (b) a convict shall be granted parole only for once either under Section 3(1)(b) or Section 3(1) (d) and not for both separately during the calendar year except as provided under Rule 8 as above.

Keeping in view above provisions, the petitioner is not entitled to second parole under Section 3(1) (b) in the calendar year of 2017, consequently, this application cannot be allowed. Dismissed.

( SURINDER GUPTA ) JUDGE December 02, 2017 Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.12.02 15:13 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH