CRWP No.2149 of 2013 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No.2149 of 2013 (O&M) Date of Decision : 14.05.2014 Roop Chand .......Petitioner Versus State of Haryana and others .....Respondents CORAM: HON'BLE Mr.JUSTICE R.P.NAGRATH Present: Mr.Tarun Vaid, Advocate for Mr.P.K.Hooda, Advocate for the petitioner.
Mr.Anil Kumar, DAG, Haryana.
R.P.NAGRATH, J.
(Oral) Instant petition has been filed under Article 226 of Constitution of India read with Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, to issue orders to respondents to release the petitioner on parole for four weeks to enable him to get his house repaired which is in dilapidated condition and requires immediate repair by setting aside the order dated 12.11.2013 passed by respondent No.2.
The petitioner was convicted of the charge under Section 376(2)(g) IPC alongwith other offences.
As per prosecution case, the prosecutrix was below 16 years of age.
Learned State counsel has filed the reply which is taken on record.
The petitioner undoubtedly falls within the category of hardcore criminal as described under the provision of the Haryana Jitender kumar 2014.05.16 17:26 I attest to the accuracy and integrity of this document Chandigarh CRWP No.2149 of 2013 (O&M) -2- Good Conduct Prisoners (Temporary Release) Amended Act, 2012.
Sub-section (i) of Section 2 of the Haryana Good Conduct Prisoners (Temporary Release) Amendment Act, 2012 says as under:- 2.
In the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 in Section, after clause (a) the following clause shall be inserted namely:- (aa) “Hardcore prisoner”.
means a person, who - (i) has been convicted of dacoity, robbery, kidnapping for ransom, murder with rape, serial killing, contract killing, murder or attempt to murder for ransom or extortion, causing grievous hurt, death or waging or attempting to wage war against Government of India, buying or selling minor for purpose of prostitution or rape with a woman below sixteen years of age or such other offence as the State Government may, by notification, specify; Section 5-A as inserted by the amended Act says that notwithstanding anything contained in Sections 3 and 4, a hardcore prisoner shall not be released on temporary basis or on furlough: Provided that a hardcore prisoner may be allowed to attend the marriage of his child, grand child or sibling, or death of his grand parent, parent, grand parent-in-laws, parent in laws, sibling, spouse or child, under the armed police escort, for a period of forty Jitender kumar 2014.05.16 17:26 I attest to the accuracy and integrity of this document Chandigarh CRWP No.2149 of 2013 (O&M) -3- eight hours to be decided by the concerned Superintendent Jail and intimation in this regard with full particulars of hardcore prisoner being released, shall be sent to the concerned District Magistrate and Superintendent of Police within twenty four houRs.The prayer made by the petitioner does not fall within the proviso to Section 5-A of the Act as aforesaid.
There is no merit in the instant petition and the same is dismissed.
May 14, 2014 (R.P.NAGRATH ) jk JUDGE Jitender kumar 2014.05.16 17:26 I attest to the accuracy and integrity of this document Chandigarh