Punjab-Haryana High Court
Rajesh Alias Sarkari vs State Of Haryana And Another on 9 July, 2013
Bench: Jasbir Singh, G.S.Sandhawalia
In the High Court of Punjab and Haryana, at Chandigarh
Criminal Writ Petition No. 1234 of 2013
Date of Decision: 9.7.2013
Rajesh alias Sarkari
... Petitioner
Versus
State of Haryana and Another
... Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh, Judge.
Hon'ble Mr. Justice G.S.Sandhawalia, Judge. Present: Mr. Ashit Malik, Advocate for the petitioner.
Mr. Vinod S. Bhardwaj, Additional Advocate General, Haryana, for the respondents.
Jasbir Singh, Judge (Oral) By stating that the petitioner's mother is suffering from cancer, a prayer has been made to release the petitioner on parole for a period of four weeks.
It is necessary to mention here that the petitioner was convicted and sentenced for life imprisonment, for commission of offence under Sections 302 IPC etc. on 14.6.2012. He is also facing trial in an another case for violating the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985.
In response to notice issued, reply has been filed today in Court by way of affidavit of Harinder Singh, Superintendent, District Jail, Gurgaon and the same is taken on record. Paragraph No.2 (Preliminary Objections) of the affidavit reads thus:- Bhardwaj Deepak Kumar 2013.07.23 17:50 I attest to the accuracy and integrity of this document High Court Chandigarh Criminal Writ Petition No. 1234 of 2013 2
"2. That the convict/petitioner Rajesh @ Sarkari S/o Mukhtiar Singh is Hard Core Prisoner as he has been detected of using cell phone or in possession of cell phone/SIM card inside the jail premises during under-trial period for which he was punished for separate confinement for three months for keeping prohibited article i.e. Mobile Phone which was judicially appraised by the Ld. District & Sessions Judge, Gurgaon vide letter No. 709/5494 dated 21-03-2012. The conduct of the petitioner inside the Jail is not satisfactory and the convict falls under category of Hardcore Prisoners as per Section 2(aa)(4) of Haryana Good Conduct Prisoners (Temporary Release) Amendment Act, 2012 and as such he is not entitled for any parole/furlough."
Reply, by way of affidavit of Anil Kumar, Deputy Superintendent of Police, Rohtak, has also been filed today in Court and the same is also taken on record. In the reply, it is stated that against the petitioner, over a period of time, 14 FIRs were recorded and in most of the cases, he was acquitted. However, he was convicted and sentenced in one case and in second case, trial is still pending. Both the above said officers stated that if the petitioner is released on parole, it will be detrimental to the peace in the area. It is further stated that even during trial, the petitioner committed a jail offence for which he was separately Bhardwaj Deepak Kumar 2013.07.23 17:50 I attest to the accuracy and integrity of this document High Court Chandigarh Criminal Writ Petition No. 1234 of 2013 3 punished.
Taking note of overall conduct of the petitioner, no case is made out to cause interference in the present writ petition.
Dismissed.
(Jasbir Singh) Judge (G.S.Sandhawalia) Judge July 9, 2013 "DK"
Bhardwaj Deepak Kumar 2013.07.23 17:50 I attest to the accuracy and integrity of this document High Court Chandigarh