High Court of Punjab and HaryanaCRWP/308/2017allowed

Rahul v. State Of Haryana And ORS.

2017-03-23Mrs. Justice Raj Rahul Garg2 pages

CRWP-308-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-308-2017 Date of Decision:- 23.03.2017 Rahul ....Petitioner

Versus

State of Haryana and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Gobind Dhanda, Advocate, for the petitioner.

Mr. D.R. Singla, DAG, Haryana.

**** RITU BAHRI, J. (Oral) Present petition has been filed for seeking directions to the respondents to grant emergency parole to the petitioner for 45 days to attend the last rites ceremonies of late Shri Ram Singh son of Shri Ami Lal (father of the petitioner), who died on 16.03.2017 and the last rites/Rasam Pagri are fixed for 15.04.2017.

Learned State counsel has placed on record the reply filed on behalf of respondent Nos.1 to 2 whereby they have taken the stand that the petitioner has been convicted under Section 376 IPC and under Section 5(m) punishable under Section 6 of the Protection of Children from Sexual Offence Act, 2012, vide judgment and order dated 31.01.2017/03.02.2017, by Additional Sessions Judge, Kaithal, for life imprisonment. He has not Naresh Kumar 2017.03.28 16:50 I attest to the accuracy and integrity of this document Chandigarh completed five years of imprisonment including under trial period. As per

CRWP-308-2017 -2Rule 2(aa)(i) of Haryana Good Conduct Prisoner (Temporary Release) amended Act, 2012, he falls under the category of 'Hardcore Prisoner' and is not entitled for temporary release or on furlough as per Rule 5A of the Haryana Good Conduct Prisoner (Temporary Release), amended Act, 2014. Further, keeping in view the application filed by the petitioner and verification done by Police, the petitioner has been allowed to attend the cremation ceremony of his father for 48 hours in police custody. Taking into consideration the above-facts, the present petition is hereby disposed of with the directions to the respondents-State to release the petitioner on emergency parole for 48 hours in police custody to enable him to attend the last rites ceremonies of his father late Shri Ram Singh son of Shri Ami Lal, which is fixed for 15.04.2017. March 23, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.03.28 16:50 I attest to the accuracy and integrity of this document Chandigarh