Sonu vs State Of Haryana And Others

The instant application is for placing on record the photocopy of the judgment dated 17/20.02.2020 (Annexure P-4) rendered in the proceedings

initiated in FIR No. 08 dated 29.01.2016 registered under Sections 452, 506 IPC read with Section 6 of POCSO Act, at P.S.Women Sector 16,

District Faridabad.

The application is allowed and the judgment dated 17/20.02.2020 (Annexure P-4) is taken on record.

CRM-W-1204-2020

The prayer in the instant application is for preponement of CRWP No. 9724 of 2020, which is fixed for 12.01.2021.

For the reasons mentioned in the application, the same is allowed and the instant criminal writ petition is preponed to today itself i.e. 07.12.2020.

CRWP-9724-2020

The instant petition has been filed under Article 226/227 of Constitution of India for issuance of a writ in the nature of mandamus for directing the

respondents to release the petitioner on four weeks' parole for attending the marriage of his real sister's daughter (Bhanji) where Bhat Ceremony is to

be performed by the petitioner, in FIR No. 08 dated 29.01.2016 registered under Sections 452, 506 IPC read with Section 6 of POCSO Act, at

P.S.Women Sector 16, District Faridabad.

A representation dated 27.10.2020 was submitted by the mother of petitioner to respondent No. 4-Superintendent of District Jail, Faridabad seeking

grant of four weeks' parole to the petitioner on the ground that the marriage of real sister's daughter (Bhanji) of the petitioner is fixed for

11/12.12.2020, where Bhat Ceremony is to be performed by the petitioner.

Learned counsel for the petitioner submits that since the father of the petitioner is too old and there is no one else in the home, Bhat Ceremony of real

sister's daughter (Bhanji) on 11.12.2020 is to be performed by the petitioner. The Sarpanch of the village has given certificate (Annexure P-2)

verifying the factum of marriage and has also undertaken that there will be no disturbance of peace in the village if the petitioner gets parole to

perform the said ceremony. Learned counsel further states that the petitioner has already undergone incarceration of approximately 4 years and 10

months and there is no apprehension that the petitioner will abscond from the concession of parole. He further states that the case of the petitioner is

covered under Section 3(1)(b) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988.

Learned State counsel does not dispute the fact stated by learned counsel for the petitioner and concedes that the petitioner has already undergone

incarceration of approximately 4 years and 10 months.

In view of the above, the instant criminal writ petition is disposed of with a direction to respondent No.4â€"Superintendent of District Jail, Faridabad to

take the petitioner for performing Bhat Ceremony to be held on 11.12.2020 in police custody at the expenses of the petitioner. He will be taken out

from the jail premises on 11.12.2020 at 10.00 a.m. and shall be relodged at 5.00 p.m. same day.

A copy of this order be supplied to learned State counsel and be also sent to respondent No.4-Superintendent of District Jail, Faridabad for ensuring

requisite compliance.