Punjab-Haryana High Court
Vikas Garg @ Sonu vs State Of Haryana And Others on 15 January, 2014
Author: Rekha Mittal
Bench: Rekha Mittal
Crl. W.P.No. 1778 of 2013 -1-
In the High Court of Punjab and Haryana at Chandigarh
Crl. W.P.No. 1778 of 2013
Date of Decision:15.1.2014
Vikas Garg @ Sonu
---Petitioner
Versus
State of Haryana and others
---Respondents
Coram: Hon'ble Mrs. Justice Rekha Mittal
***
Present:- Mr.S.S.Majithia, Advocate,
for the petitioner
Mr. S.S.Goripuria, DAG, Haryana
for the respondent-State
***
REKHA MITTAL,J.
Counsel for the petitioner contends that Vikas Garg @ Sonu was convicted for offence punishable under Section 304-B of the Indian Penal Code (for short "IPC") in regard to death of his wife. He is undergoing sentence awarded by the trial Court. The deceased left behind one daughter of the parties born on 20.11.2009. After death of her (child's) mother and confinement of the petitioner in jail, there is no body in the house to arrange for admission of the child in a school at Ambala. The prayer of the petitioner for grant of parole to facilitate admission of the child in school has been declined vide order Annexure P-3, primarily on the ground that he has not completed one year of imprisonment after conviction. Counsel has made a prayer in mercy that in case the petitioner Saini Paramjit Kaur 2014.01.16 16:39 I attest to the accuracy and integrity of this document Chandigarh Crl. W.P.No. 1778 of 2013 -2- is not released by giving benefit of parole, one precious year of the child would be lost for no fault of the daughter of the petitioner. It is submitted that the petitioner may be allowed parole for a period of 10 days to enable him to get the child admitted in a school at Ambala as admissions are open up till 31.1.2014.
Counsel for the respondent-State has opposed the prayer of the petitioner in view of the fact that he is not entitled to parole as per the rules as he has not completed one year of imprisonment after conviction. However, it is admitted that the petitioner has a child eligible to be admitted in a school and the admission process is underway.
I have heard counsel for the parties and perused the records. The unfortunate child who has lost her mother and deprived of care and protection of father because he is involved in the crime, cannot be allowed to suffer merely because the rules do not permit release prior to expiry of a particular period of time during confinement in jail.
Keeping in view the facts and circumstances, the petition is allowed. Ten days parole is granted to the petitioner on his furnishing requisite bail bonds/surety bonds to the satisfaction of the District Magistrate, Ambala. However, the petitioner shall surrender before the jail authorities after expiry of period of parole. He shall furnish an undertaking that he will not commit any offence during the period of parole.
( Rekha Mittal ) Judge 15.1.2014 Paramjit Saini Paramjit Kaur 2014.01.16 16:39 I attest to the accuracy and integrity of this document Chandigarh