Writ of Mandamus issued under, Article 226/227 of the Constitution of India : High Court of Patna

 on 23 09 CRWP 8781 2021 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP 8781 2021 DATE OF DECISION: 20.09.2021YOGESH @ BITTU AND ANR. ...PETITIONERS...V.STATE OF HARYANA AND OTHERS...RESPONDENTS...CORAM: HON BLE MR. JUSTICE JASWANT SINGH HON BLE MR. JUSTICE SANT PARKASHPresent:Mr. R.S. Dhull Advocate for the petitioners.Mr. Vivek Saini Addl. A.G. Haryana. SANT PARKASH J.(a) 6 and 7 of the Haryana Good Conduct PrisonersAct 1988and Rule 6 of the Haryana Good Conduct PrisonersRules 2007 is for issuance of a writ in the nature of mandamus directing the respondents to extend the time period of temporary release on parole for another four weeks to perform "terahvi" and "chamai" ceremony of father of the petitioners which is fixed 27.09.2021. on 23 09 CRWP 8781 2021 2 The petitioners were tried in FIR No.83 dated 28.02.2015 under Sections 148 149 302 364 201 216 IPC and Section 25 of te Arms Act Police Station Sadar Bahadurgarh District Jhajjar and accordingly they have been convicted and sentenced to undergo imprisonment for life vide judgment of conviction and order of sentence dated 17.07.2018. Against the judgment of conviction and order of sentence petitioners filed an appeal before this Court which is still pending admitted for final adjudication.Learned counsel for the petitioners submits that earlier the petitioners were granted emergency parole for one week by the Superintendent District Jail Jhajjar District Jhajjar till 15.09.2021 to perform last rites and ritual of their father who died on 05.09.2021 due to cancer which is extended upto 21.09.2021 vide order dated 14.09.2021 passed by this Court. Now "chamai" ceremony of their late father is fixed for 27.09.2021 and being sons their presence is very much necessary to perform aforesaid ceremony and to make necessary arrangements. Learned counsel for the petitioners further submits that an application dated 11.09.2021alongwith panchayat reportseeking extension of parole already granted to the petitioners has already been moved before the Superintendent District Jail Jhajjar but till date no decision has been taken. He further submits that the petitioners had already availed the concession of parole on several occasions but never misused the same. Thus he prays for extension of parole to perform aforesaid ceremonies and make arrangements. on 23 09 CRWP 8781 2021 3 Today learned State counsel has filed short reply by way of affidavit of Jangsher Singh Deputy Superintendent District Jail Jhajjar on behalf of respondents No.1 to 4 stating therein as per verification report "terahvi ceremony of petitioners father has already been performed on 16.09.2021 and "chamai" ceremony is fixed for 27.09.2021.Learned State counsel further submits that during special parole granted to the petitioners due to outbreak of Covid 19 as per direction issued by the Hon ble High Powered Committee the petitioners were arrested by police in another FIR No.257 dated 13.10.2020 under Section 506 34 IPC & 25 54 59 of Arms Act Police Station Sadar Bahadurgarh and lodged in jail on 26.11.2020 and 14.10.2020 respectively. Thus he prays for dismissal of instant petition.Heard the arguments of learned counsel for the parties and have also perused the documents available on the file.Admittedly the "terahvi" has already been performed and "chhamai" ceremony of father of the petitioners is fixed for 27.09.2021 and the petitioners being sons have to make necessary arrangements and perform certain rituals ceremonies. In view of the above the temporary parole already granted to the petitioners by respondent No.4 on 06.09.2021 and extended by this Court vide order dated 14.09.2021 is further extended upto 30.09.2021 enabling them to perform "chamai ceremony which is fixed for 27.09.2021 on previous bail bonds already furnished. The petitioners are directed to surrender before the Jail on 23 09 CRWP 8781 2021 4 authorities on 01.10.2021 before 12:00 Noon.A copy of this order be supplied to learned State counsel and be also sent to respondent No.4 Superintendent District Jail Jhajjar District Jhajjar for ensuring requisite compliance.JUDGE JUDGE 20.09.2021sonika whether speaking reasoned:Yes Nowhether reportable:Yes No 

Summary: The petitioner humbly prays in this criminal writ petitioner under Article 226/227 of the Constitution of India read with Section 3 sub sections (1) (a), 6 and 7 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 and Rule 6 of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007 for the court to issue a writ of mandamus to the respondents to extend the time period of the parole for another one month to perform a ceremony of the father of the petitioners.   In the High Court of Punjab and Haryana at Chandigarh, this judgement was given by Honorable Mr Justice Jaswant Singh and Honorable Mr. Justice Sant Parkash on the 20th of September  2021 in the case of Yogesh @ Bittu and Anr. Versus the State of Haryana and others [Criminal Writ Petition-8781-2021] Mr. R.S. Dhull represented as the advocate for the petitioner, and Mr. Vivek Saini, Addl. A.G represented the state of Haryana, the proceedings of the court were held via video conference. The case relates to the facts wherein the petitioners were convicted and sentenced to life imprisonment under Section 148 of the Indian Penal Code, “Rioting, armed with deadly weapon”, Section 149 “Every member of unlawful assembly guilty of offence commit­ted in prosecution of common object”, Section 302, “Punishment for murder”, Section 364, “Kidnapping or abducting in order to murder”, Section 201, “Causing disappearance of evidence of offence, or giving false information to screen offender”, Section 216 IPC, “ Harbouring offender who has escaped from custody or whose apprehension has been ordered” and Section 25 of the Arms Act, “Punishment for certain offences whoever manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5” In the FIR no. 83 on the 28th of February 2015 in Police Station Sadar Bahadurgarh, in the District of Jhajjar.   The counsel representing the petitioners submitted that the petitioners were granted emergency parole for one week by the Superintendent District Jail, Jhajjar, till the 15th of September 2021 as their father passed away due to cancer and they were required to perform rituals and last rites of their father. The same parole was extended vide an order passed by this court till 21st September 2021. However now there is certain ceremony called chamai which is supposed to be held on the 27th September 2021 and as the petitioners are his sons their presence is mandatory. The petitioner further submitted an application along with a panchayat report which states that extension of parole has already been moved before the Superintendent District Jail, but no decision has been undertaken. Therefore, this prayer has been made. The counsel representing the state of Haryana filed an affidavit regarding the verification of the report and held that only the terahvi ceremony was performed and not the chamai ceremony. The counsel further held that during special parole that was granted because of Covid-19 the petitioners were arrested in another FIR no. 257 under Section 506, 34 IPC &amp; 25/54/59 of Arms Act, Police Station Sadar Bahadurgarh and lodged in jail. Therefore, prays for dismissal of the instant petition. The Honourable Court held that, “In view of the above, the temporary parole already granted to the petitioners by respondent No.4 on 06.09.2021 and extended by this Court vide order dated 14.09.2021, is further extended upto 30.09.2021, enabling them to perform “chamai ceremony, which is fixed for 27.09.2021, on previous bail bonds already furnished. The petitioners are directed to surrender before the Jail authorities on 01.10.2021 before 12:00 Noon.”