CRWP No.2142 of 2011(O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No.2142 of 2011(O & M) Date of Decision:17.10.2011 Pardeep Kumar .....petitioner Versus State of Haryana & Ors. .....respondents CORAM: HON'BLE MR.JUSTICE S.S.SARON HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK Present: Mr.Vikas Lochab, Advocate for the petitioner Mr.H.S.Deol, Additional Advocate General, Haryana *** S.S.SARON, J. Heard learned counsel for the parties. Petitioner has filed the present petition under Article 226 of the Constitution of India for grant of parole. The petitioner has been convicted by the learned Additional Sessions Judge, Sonepat in a case registered against him on 13.04.2007, for the offences under Sections 302/34 IPC, besides Section 25 of Arms Act. He is undergoing imprisonment for life in pursuance of the judgement and order dated 18.03.2009. Release on the parole has been sought on the ground that the petitioner is to appear for the Senior Secondary Examination to be held from 19.10.2011 to 09.11.2011 at Centre No.20586, Red Rose Senior Secondary School, Mehlana road near Sector 23, District Sonepat. It is submitted that the petitioner has submitted an application (Annexure P-2) for grant of parole, which has not been considered. Therefore, it is submitted that this Court is liable to CRWP No.2142 of 2011(O & M) 2 grant him parole. Notice of motion was issued in this case on 14.10.2011. Learned counsel for the State, on the strength of letter dated 16.10.2011 received from the Superintendent Jail, District Jail, Sonepat, has submitted that the petitioner availed six weeks parole w.e.f 16.02.2011 to 31.03.2011, besides he availed two weeks furlough w.e.f.14.06.2011 to 29.06.2011. Moreover, he availed four weeks parole w.e.f. 02.09.2011 to 01.10.2011. Therefore, he has availed 12 weeks parole/furlough, during the year 2011. As such, it is submitted that he is not entitled to be released on parole and that he can appear in the examination from Jail in police custody. We have given our thoughtful consideration to the matter. The petitioner is undergoing imprisonment for life in pursuance of the order dated 18.03.2009 passed by the learned Additional District Judge, Sonepat. The petitioner was tried in case FIR No.62, dated 13.04.2007, registered at Police Station Sadar, District Sonepat for the offences under Sections 302/34 IPC, besides Section 25 of the Arms Act. The petitioner submitted an application dated 09.09.2011(Annexure P-2) for the grant of parole which has not been considered. It may, however be noticed that petitioner has availed a 12 weeks parole/furlough during the year 2011. He availed a six weeks w.e.f 16.02.2011 to 31.03.2011. He also availed two weeks furlough w.e.f.14.06.2011 to 29.06.2011 and four weeks parole w.e.f.02.09.2011 to 01.10.2011. It is also submitted in the letter of the Superintendent, District Jail, Sonepat that the petitioner availed of four weeks emergency parole from 30.09.2009 to 29.10.2009 for the purpose of appearing in B.A Part-III, Examination. It is submitted that the petitioner was granted parole in terms of the order dated 25.09.2009 passed by this Court in Criminal Misc.No.M-26801 of 2009. Therefore, in case he has taken parole for CRWP No.2142 of 2011(O & M) 3 appearing in B.A Part-III Examination, it is not understood as to how he is now seeking parole for appearing in the Senior Secondary Examination. Even otherwise, it is not disputed that the petitioner can be taken to the Examination Centre from Jail in police custody. In the circumstances, no ground for grant of parole is made out. However, in case the petitioner applies for taking him to the Examination Centre from jail in police custody, necessary arrangements for the said purpose be made. Disposed of. (S.S.SARON) JUDGE (RAMESHWAR SINGH MALIK) JUDGE 17.10.2011 neenu