Punjab-Haryana High Court
Rahul @ Rajiv vs State Of Haryana And Others on 4 December, 2023
REENA 2023:PHHC:154410 223 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Writ Petition No. 5642 of 2023 Date of Decision: December 04, 2023 Rahul @ Rajiv cesees Petitioner versus State of Haryana and others seve Respondents CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR kK Present:- Mr. Karandeep, Advocate for Mr. Randeep Singh Dhull, Advocate for the petitioner Mr. Vikas Bhardwaj, AAG Haryana 36 2 2 Harpreet Singh Brar, J. (Oral)
1. The present petition has been filed under Article 226/227 of the Constitution of India read with Section 3 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 for issuance of writ in the nature of certiorari for quashing the order dated 10.05.2023 (Annexure P-1) passed by respondent No. 4, vide which the prayer for grant of regular parole to the petitioner for a period of 10 weeks has been declined.
2. Pursuant to the notice of motion issued on 03.07.2023, reply dated 29.07.2023 has been filed on behalf of respondents No. 1 to4. The same is taken on record.
3. Undisputedly, the petitioner was convicted by learned Additional Sessions Judge, Gurugram vide judgment of conviction and order of sentence dated 30.09.2010 in case FIR No. 129 dated 15.02.2006 registered under Section 302, 148, 149 of the Indian Penal Code registered at Police Station City Gurugram and he was awarded rigorous imprisonment for life. The petitioner has challenged the 2023.12.05 17:51 | attest to the accuracy and integrity of this order/ judgment Chandigarh REENA 2023.12.05 2023:PHHC:154410 Crl. Writ Petition No. 5642 of 2023 -2- judgment of conviction and order of sentence passed by the learned trial Court by filing appeal before this Court. The appeal filed by the petitioner has been dismissed by this Court and currently the petitioner is undergoing his remaining sentence in District Jail, Faridabad. The petitioner was earlier granted relief of regular parole in terms of Section 3 of Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 and he has surrendered before the target date. The petitioner moved an application for release on regular parole before the competent authority, however, vide the impugned order dated 10.05.2023 (Annexure P-1) his prayer for regular parole has been rejected in a mechanical manner without considering the facts and circumstances of the case in the right earnest. The only reasoning given in the impugned order is that the petitioner is a criminally inclined individual.
4. Learned State counsel submits that request of the petitioner is being processed and a decision on the application filed by him would be taken expeditiously after receiving the recommendation of the concerned District Magistrate, Meerut.
5. Having heard learned counsel for the parties, the present petition is disposed of with a direction to respondents No. 2 and 4 to take a decision on the application filed by the petitioner for grant of regular parole expeditiously, preferably within a period of two months and decision thereof be supplied to the petitioner.
(HARPREET SINGH BRAR) JUDGE December 04, 2023 Yeena Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No 17:51 | attest to the accuracy and integrity of this order/ judgment Chandigarh