Vijay vs State of Haryana

Ranjan Gogoi, J.—Having regard to the subject matter involved and with the consent of the learned Counsels for the parties final orders in the Criminal Writ Petition are being passed at this stage.

The Petitioner is a convict undergoing rigorous imprisonment for life on having been found guilty of commission of the offence punishable u/s 302 I.P.C. He is also an accused in another Sessions trial in connection with which he is presently on bail. The marriage of the brother of the Petitioner, one Ajay, is to be held on 27th and 28th November, 2010. Accordingly an application for release of the Petitioner on parole was submitted by his brother Ajay to the Superintendent, Central Jail, Hisar on 18.10.2010. As the said application has not met with any kind of response from the Respondents, recourse to the writ remedy has been made by means of the present application. The Petitioner has annexed Annexure P-3 i.e. a communication of the Gram Panchayat Ahulana addressed to the Superintendent, Central Jail, Hisar recommending the release of the Petitioner on parole so as to enable him to attend marriage ceremony of his brother.

Confronted with the aforesaid situation, the court had requested Shri Ajay Gupta, learned Additional Advocate General Haryana to obtain necessary instructions in the matter. Shri Gupta has been prompt in responding to the request of the court and has placed before the Court today a written communication of the Superintendent of the Central Jail, Hisar, wherein it is, inter alia, stated that though the Petitioner is a hard core criminal, his conduct in jail during the period of his custody has been satisfactory. In the aforesaid written instructions dated 25.11.2010 the Superintendent, Central Jail has confirmed that the marriage of the brother of the Petitioner is to be held on the dates already noted and, furthermore, that the deceased in respect of whom the Petitioner has been convicted u/s 302 I.P.C. belongs to another village.

On the facts placed before us by the learned Additional Advocate General, Haryana through the written communication of the Superintendent, Central Jail, we are of the view that the Petitioner should not be deprived of the opportunity of participating in the marriage ceremony and celebrations of his brother. The conduct of the Petitioner during custody being satisfactory and the victim being of another village we see no impediment in directing for the release of the Petitioner on parole. The Respondents are accordingly directed to forthwith release the Petitioner Vijay on parole of seven day commencing from 27.10.2010 after taking all necessary steps to ensure the return of the Petitioner to jail custody on the expiry of one week w.e.f. 27.11.2010. The Petitioner will report back to the Superintendent, Central Jail, Hisar on the expiry of the period of parole granted by this order.

The writ petition stands disposed of in the above terms.

The written instructions placed before the court by learned Additional Advocate General Haryana are taken on the record.

A copy of this order be given dasti to the learned Counsel for the Petitioner free of cost under the signatures of the Court Secretary/Special Secretary of this Bench.