Aman vs State Of Haryana And Others

Rohit Kapoor, J

Present petition has been filed under Article 226 of the Constitution of India read with Section 528 of the BNSS, 2023 seeking directions to the respondents to grant two weeks' parole to the petitioner to perform/attend the Pilia (Kua Poojan) ceremony of his real sister, who has given birth to a baby boy on 09.01.2026.

Learned counsel for the petitioner contends that he is the only maternal uncle, and his presence is necessary for performing the rituals at the ceremony.

Prayer made in the petition is opposed by the learned State counsel on the ground that the petitioner falls within the definition of a hardcore prisoner under Section 2(1)(g)(i)(2) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, and in view of the statutory bar contained under Section 6(2) of the said Act, the relief sought cannot be granted.

We have heard learned counsels for the parties and gone through the material available on record.

Keeping in view the peculiar facts and circumstances involved and that the factum of the ceremony has been verified and is not disputed, we deem it appropriate to grant the relief of interim bail to the petitioner for a period of one week from today, subject to the following conditions:-

i. The petitioner shall furnish personal bond for the sum of Rs.25,000/- and a surety of a like amount to the satisfaction of concerned CJM/Duty Magistrate;

ii. The petitioner shall not leave the City/District/Country without prior permission of this Court;

iii. The SHO concerned shall be informed of the address where the petitioner would be residing;

iv. The petitioner shall provide his mobile number to the concerned SHO and keep the same switched on at all points of time and shall intimate about any change therein;

v. The petitioner shall surrender his passport (if any); and

vi. The petitioner shall surrender immediately on the expiry of the period of one week, i.e. on 20.04.2026 by 5:00 PM, before District Jail Authorities, Rohtak.