Punjab-Haryana High CourtRajesh Kumar Alias Raja vs State Of Punjab And Others on 9 February, 2021Equivalent citations: AIRONLINE 2021 P AND H 991Author:Jaswant SinghBench:Jaswant SinghCRWP NO.1161-2021                                                   --1--\n\n\n           IN THE HIGH COURT OF PUNJAB & HARYANA\n                        AT CHANDIGARH\n\n\n                                           CRWP NO.1161-2021\n                                           Date of Decision: 09.02.2021\n\n\nRAJESH KUMAR @ RAJA                                                 ....PETITIONER..\n\n                                           Versus\n\n\nSTATE OF PUNJAB AND ORS.                                        ....RESPONDENTS\n\n\nCORAM: HON'BLE MR. JUSTICE JASWANT SINGH\n       HON'BLE MR. JUSTICE SANT PARKASH\n\nPresent : Mr. Brijesh Nandan, Advocate,\n          for the petitioner.\n\n          ****\n\nSANT PARKASH , J.(The aforesaid presence is being recorded through video conferencing\n                    since the proceedings are being conducted in virtual court)\n\n\n          Instant petition has been filed underArticles 226and227of the\n\nConstitution of India for issuance of a writ in the nature of certiorari for\n\nsetting aside impugned order dated 24.08.2020 (P-1) passed by\n\nrespondent No.2, whereby case of the petitioner for seeking parole for six\n\nweeks has been rejected; and further directing the respondents to\n\nrelease the petitioner for 06 weeks parole.The petitioner was tried in FIR No.213 dated 03.10.2017, underSection 302IPC, Police Station Gate Hakima and accordingly, he had been\n\nconvicted and sentenced for rigorous imprisonment vide judgment dated\n\n19.08.2011. Against the judgment of conviction and order of sentence,\n\npetitioner filed an appeal before this Court, which is still pending admitted\n\n\n                                          1 of 4::: Downloaded on - 22-08-2021 21:37:02 :::CRWP NO.1161-2021                                               --2--for final adjudication.Learned counsel for the petitioner submits that the petitioner\n\napplied for six weeks parole as per the provisions in the Act and his case\n\nwas sent to the District Magistrate Amritsar, after completing all the\n\nformalities. But the parole case of the petitioner has been rejected vide\n\norder dated 24.08.2020 (Annexure P-1), solely on the ground that there\n\nis apprehension of quarrel between petitioner and his brother\n\n(complainant) as both are residents of same address.After having heard learned counsel for the petitioner and\n\nperusing the paper book, this Court is of the considered opinion that the\n\nauthority rejecting the parole has exercised its jurisdiction on the basis of\n\nthe facts collected for considering the request of the petitioner for\n\nreleasing him on parole. It has been specifically mentioned in the\n\nimpugned order (Annexure P-1) that there is apprehension of quarrel\n\nbetween petitioner and his brother (complainant) as both are residents of\n\nsame address. If such type of convict is enlarged on parole, there is\n\nevery apprehension that he would indulge himself in the similar activity\n\nand would abscond.The solitary ground seeking parole is for repair of the house.Section 3 (1)(d)and10(2) (d)of Haryana Good Conduct Prisoners\n\n(Temporary Release), Act, 1988 (for short, "Act") stipulates the conditions\n\nthat where the request of parole can be considered in such type of\n\neventuality. The relevant portion of Section 3 of the Act is reproduced as\n\nunder:-3.         Temporary release of prisoners on certain grounds.-(1) the State Government may, in consultation with the District2 of 4::: Downloaded on - 22-08-2021 21:37:02 :::CRWP NO.1161-2021                                                   --3--Magistrate or any other officer appointed in this behalf, by\n                  notification in the Official Gazette and subject to such conditions\n                  and in such manner as may be prescribed, release temporarily for\n                  a period specified in sub-section (2), any prisoner, if the State\n                  Government is satisfied that-.......(d) it is desirable to do so for any other sufficient cause.""10. Power to make rules. The State Government may, by\n                  notification, by notification make rules for carrying out the\n                  purposes of this Act.(2) In particular, and without prejudice to the generality of the\n                  foregoing power, such rules may provide for--\n                  ............(d) the conditions on which and the manner in which prisoners\n                  may be released temporarily under this Act."7. Rules 4 and 8 (iii) of the Rules, which are also relevant, read\n                  thus:"4. Eligibility.Section 10(2)(d). - (1) A prisoner shall be entitled\n                  to apply for parole only after he has completed one year of his\n                  imprisonment after conviction and has earned his first annual\n                  good conduct remission under the Act.""8. Sufficient cause.sections 3(1)(d)and10(2)(d). - Undersection\n                  3(1)(d)"sufficient cause" may be considered from amongst the\n                  following reasons, namely:-............(iii) house repairs/new construction of house owned by\n                  the convict. Parole for house repair shall be granted\n                  only once, in three years;"At the time of arguments, it is contended that the petitioner has\n\nbecome the co-sharer in the house, which was owned by his father and\n\nthe allegation against the present petitioner is that he murdered his own\n\nfather. As per the provisions contained inSection 25of the Hindu\n\nSuccession Act, 1956, the petitioner shall be divested of the inheritance\n\nof his father as he has committed the murder of his own father. For the\n\ntime being it cannot be said that the petitioner is the owner of house.\n\nOtherwise also, the Court is not inclined to accede to the request\n\nbecause his brother, at whose behest, the case against the petitioner\n\n                                          3 of 4::: Downloaded on - 22-08-2021 21:37:02 :::CRWP NO.1161-2021                                            --4--was registered is residing in the same premises. There is every likelihood\n\nthat any mis-happening may take place if the petitioner is released on\n\nparole.In view of the above, we do not find any merit in the instant\n\npetition and same is accordingly dismissed.(JASWANT SINGH)                         (SANT PARKASH)\n              JUDGE                                   JUDGE\n\n09.02.2021\nsonika\n        whether speaking/reasoned: Yes/No\n        whether reportable:        Yes/No\n\n\n\n\n                                      4 of 4::: Downloaded on - 22-08-2021 21:37:02 :::