High CourtsDivision Bench

Rahul vs State Of Haryana And Others

Punjab And Haryana At Chandigarh · Decided on 10 February 2020 · Citation: (2020) 02 P&H CK 0175

HON’BLE JUDGES
Jitendra Chauhan, J · Archana Puri, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 148, 149, 201, 216, 302, 411, 449, 459, 506 · Arms Act, 1959 — Section 25 · Constitution Of India, 1950 — Article 226, 227
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 529 Of 2020
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Judgment

16 paragraphs · 280 words

Jitendra Chauhan, J

The petitioner has approached this Court under Articles 226/227 of the Constitution of India for issuance of direction to the respondents to release the

petitioner on emergency parole for four weeks in FIR No.305 dated 16.11.2015 registered under Sections 148, 459, 449, 302 read with Section 149,

506, 120-B, 216, 201 and 411 of Indian Penal Code and Section 25 of the Arms Act, 1959, at Police Station Nangal Chaudhary, District

Mahendergarh, on the ground of delivery of his wife.

It is contended that the petitioner was earlier released on regular bail during the trial period and did not misuse the said concession and also

surrendered back on time. The said fact is duly acknowledged by the learned State Counsel.

In view of the earlier conduct of the petitioner, the case of the petitioner was recommended for parole on the ground of delivery of her wife, by the

Sarpanch, Gram Panchayat, Kadarpur, Block Sohna, District Gurugram, vide certificate (Annexure P-2).

Heard.

The petitioner has earlier not misused the concession of regular bail granted to him during the trial period. He is entitled to be released on parole

particularly in view of the recommendation (Annexure P-2) of Sarpanch, Gram Panchayat Kadarpur, Block Sohna, District Gurugram. In the

circumstances, this Court is inclined to allow this petition. Ordered accordingly.

The petitioner is ordered to be released on parole for a period of four weeks from the date of his release, as per Rules, on furnishing bonds to the

satisfaction of the District Magistrate/Duty Magistrate concerned. The petitioner shall surrender before the jail authorities after expiry of four weeks

and date of surrender to be noticed by the releasing Court.