Himachal Pradesh High Court
Harneet Singh @ Hanney vs State Of H.P. And Others on 9 December, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
CWP No. 8389 of 2022
Date of order: 09.12.2022
Harneet Singh @ Hanney ...Petitioner
Versus
State of H.P. and others ...Respondents
Coram r to
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the petitioner: Ms. Reeta Hingmang, Advocate.
For the respondents: Mr. Rajinder Dogra, Senior Additional
Advocate General, with Mr. Vinod
Thakur, Additional Advocate General;
Mr. Bhupinder Thakur, Deputy
Advocate General and Mr. Rajat
Chauhan, Law Officer.
Virender Singh, Judge. (oral)
By virtue of the present writ petition, petitioner-
Harneet Singh @ Hanney has invoked the extra ordinary writ jurisdiction of this Court, under Article 226 of the Constitution of India, for availing the benefit of parole, as per the provisions 1 Whether Reporters of local papers may be allowed to see the judgment?
::: Downloaded on - 09/12/2022 20:33:41 :::CIS 2of Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968.
.
2. According to the case of the petitioner, he is presently undergoing sentence in case FIR No. 61 of 2013, registered under Section 302 of the Indian Penal Code in Lala Lajpat Rai, District & Open Air Correctional Home, Dharamshala, District Kangra, H.P.
3. The petitioner has sought the parole on the ground that his cousin is going to be married on 8th December, 2022.
4. As per the instructions, dated 8th December, 2022, submitted by the respondents, the petitioner has availed the parole on the following four occasions:
Sr. Period of parole Remarks
No. granted
1. 28 days w.e.f. Surrendered on due date
05/04/2018 to
02/05/2018
2. 42 days w.e.f. Convict did not surrender on due
12/03/2019 to date and was arrested in case FIR
22/04/2019 No. 158/19 dated 09/07/2019,
u/s 61-1-14 Ex. Act & Section 420
IPC, Police Station Phase-I Mohali (Punjab) and was lodged in Central Jail Patiala (Punjab) on 13/07/2019 and after being released on bail in this case, he was admitted in Model Central Jail, Kanda (Shimla) on 02/10/2019, after 80 days overstay. A complaint u/s 8/9 of ::: Downloaded on - 09/12/2022 20:33:41 :::CIS 3 the H.P. Good Conduct Prisoners (Temporary Release) Act, 1968 was also filed before the Ld. Chief .
Judicial Magistrate, District
Shimla (H.P.) by the
Superintendent Jail, Model
Central Jail, Kanda (Shimla)
against the petitioner and he was convicted for 03 months vide judgment dated 06/08/2021.
3. 42 days w.e.f. Parole extended for 90 days and 10/06/2021 to convict surrendered on due date i.e. 21/07/2021 on 21/10/2021, after availing total parole of 132 (42+90) days.
4. 42 days w.e.f. Parole extended for 10 days and 21/07/2022 to convict surrendered on due date i.e. 31/08/2022 on 11/09/2022, after availing total r parole of 52 (42+10) days.
5. No doubt, when the petitioner was released on parole in the year 2019, he had failed to surrender, before the jail authorities, within the stipulated period, for which, a punishment has also been awarded to him, by the Court of Chief Judicial Magistrate, Shimla, but, thereafter, in the year 2021 and in this year also, he has availed the benefit of parole.
As such, his prayer is liable to be accepted.
6. Accordingly, the petitioner is ordered to be released on parole with effect from 10th December, 2022 to 16th December, 2022, on his furnishing personal bail bond in the sum of ₹ 50,000/-, with one surety of the like amount, to the satisfaction of the Superintendent, Lala Lajpat Rai, District & ::: Downloaded on - 09/12/2022 20:33:41 :::CIS 4 Open Air Correctional Home, Dharamshala, District Kangra, H.P. He will surrender back on 17th December, 2022, by 5.00 .
p.m. However, the parole shall be liable to be cancelled, in case the petitioner breaches any of the conditions of the parole order and/or creates any law and order problems, which shall be treated as a negative factor for consideration of his similar prayer, in future.
7. With these observations, the petition is disposed of, so also the pending miscellaneous applications, if any.
8. Petitioner may produce a downloaded copy of the order passed by the Court before the authorities and the authorities shall not insist for the certified copy of order, rather passing of order can be verified from the web-page of this Court.
( Tarlok Singh Chauhan ) Judge ( Virender Singh ) Judge December 09, 2022 ( rajni ) ::: Downloaded on - 09/12/2022 20:33:41 :::CIS