Pardeep v. Haryana & Ors.

CORAM : HON’BLE MR. JUSTICE ANUPINDE HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON’BLE MR. JUSTICE ANUPINDE HON’BLE MS. JUSTICE LAPITA BANERJI HON’BLE MS. JUSTICE LAPITA BANERJI HON’BLE MS. JUSTICE LAPITA BANERJI Present : Mr. Mr. Navdeep Singh, Advocate, for the petitioner. for the petitioner. Mr. Rahul Dev Singh, Additional A.G., Haryana. Mr. Rahul Dev Singh, Additional A.G., Haryana. Mr. Rahul Dev Singh, Additional A.G., Haryana. *** ANUPINDER SINGH GREWAL, J. (Oral) ANUPINDER SINGH GREWAL, J. (Oral The petitioner has challenged the order dated 07.03.2024 The petitioner has challenged the order dated The petitioner has challenged the order dated (Annexure P-1) 1) whereby his application for his his release on parole has been rejected.

2. Learned counsel for the petitioner submits that the petitioner Learned counsel for the petitioner submits that the petitioner Learned counsel for the petitioner submits that the petitioner has been convicted been convicted in FIR No.05 dated 03

03.01.2017 registered under Sections 147/148/323/449/302/452/120 B and 216 IPC read with 149 IPC 147/148/323/449/302/452/120-B and 216 IPC read with 149 IPC and 25 of the Arms Act, Police Station Sadar Sadar Charkhi Dadri and has been sentenced to undergo life imprisonment and a fine of sentenced to undergo and a fine of Rs.64,000/- and in default of payment of fine to further undergo simple imprisonment for 01 default of payment of fine to further undergo simple imprisonment for 01 default of payment of fine to further undergo simple imprisonment for 01 year 10 months and 15 days. He further submits that the petitioner year 10 months and 15 days. further submits that the petitioner was fully eligible for grant of parole and his case has erroneously eligible for grant of parole and has erroneously been rejected on the mobile phones were recovered from him while he was in mobile phones were recovered f ground that mobile phones were recovered f ut there is no material to indicate that the mobile phones were ut there is no material to indicate that custody, but there is no material to indicate that VANDANA 2024.10.25 13:24 I attest to the accuracy and integrity of this document 2024 (O&M) CRWP-3571-2024 (O&M) used in any illegal activity. The petitioner has undergone an actual sentence illegal activity. The petitioner has undergone an actual sentence of 07 years and and 02 months.

3. Learned State counsel while relying on the reply Learned State counsel while relying on the reply filed by Deputy Superintendent Superintendent, District Prison, Jhajjar District Prison, Jhajjar submits that as mobile phones had been recovered from the petitioner when he was undergoing the phones had been recovered from the petitioner wh phones had been recovered from the petitioner wh sentence, therefore, , therefore, his case for parole has rightly been rejected is case for parole has rightly been rejected by the authorities.

5. Heard. Heard. petitioner has been The petitioner has been The convicted under Sections convicted B and 216 IPC read with 149 IPC and 25 147/148/323/449/302/452/120-B and 216 IPC read with 149 IPC and 25 147/148/323/449/302/452/120 Arms Act, Police Station , Police Station Sadar Charkhi Dadri Sadar Charkhi Dadri and has been sentenced to undergo rigorous imprisonment life imprisonment. undergo rigorous imprisonment imprisonment. He is stated to have undergone an actual sentence of 07 years, 06 undergone an actual sentence of 6 months and 16 days as on

25.07.2024.

6. The case of the petitioner for release on parole has been The case of the petitioner for release on parole has been The case of the petitioner for release on parole has been rejected on the ground that on the ground that mobile phones were recovered mobile phones were recovered from him but there is nothing to indicate that he used those there is nothing to indicate that those mobile phones to indulge in criminal or illegal activities. Recovery of mobile phones per se would criminal or illegal activities. Recovery of mobile phones any criminal or illegal activities. Recovery of mobile phones not be enough to deny the valuable right for consideration of application for not be enough to deny the valuable right for consideration of not be enough to deny the valuable right for consideration of grant of parole. A ref had to a Full Bench judgment in the parole. A reference may be had to a Full Bench judgment in the Achan Kumar Vs. State of Punjab and others’. Relevant paras case of ‘Achan Kumar Vs. State of Punjab and others Achan Kumar Vs. State of Punjab and others are extracted hereinbelow: extracted hereinbelow:- “42. Furthermore, the application of the said principle by the 42. Furthermore, the application of the said principle by the 42. Furthermore, the application of the said principle by the a misapplication thereof to the prisoners State of Punjab is a misapplication thereof to the prisoners State of Punjab is inmated in the prisons located within the State of Punjab. inmated in the prisons located within the State of Punjab. inmated in the prisons located within the State of Punjab. Moreover, even if inmated prisoners in the State of Punjab are Moreover, even if inmated prisoners in the State of Punjab are Moreover, even if inmated prisoners in the State of Punjab are convicted in terms of Section 42 of the Prisons Act, but when convicted in terms of Section 42 of the Prisons Act, but when convicted in terms of Section 42 of the Prisons Act, but when thus adduced before the learned there is no further evidence, thus adduced before the learned there is no further evidence, Magistrate concerned, rather demonstrative that the mobile Magistrate concerned, rather demonstrative that the mobile Magistrate concerned, rather demonstrative that the mobile VANDANA 2024.10.25 13:24 I attest to the accuracy and integrity of this document 2024 (O&M) CRWP-3571-2024 (O&M) phone was used by the inmated prisoner for committing phone was used by the inmated prisoner for committing phone was used by the inmated prisoner for committing offences of extortion, or, his demanding ransom. Resultantly, offences of extortion, or, his demanding ransom. Resultantly, offences of extortion, or, his demanding ransom. Resultantly, the said ill made convictions but obviously suffer from therebys the said ill made convictions but obviou therebys pervasive fault lines, especially when therebys the said ill pervasive fault lines, especially when therebys the said ill pervasive fault lines, especially when therebys the said ill made verdicts of conviction are well appealable before the made verdicts of conviction are well appealable before the made verdicts of conviction are well appealable before the learned appellate courts concerned. Therefore, awaiting the learned appellate courts concerned. Therefore, awaiting the learned appellate courts concerned. Therefore, awaiting the decision on the apposite appeal, it may not be proper for t decision on the apposite appeal, it may not be proper for the decision on the apposite appeal, it may not be proper for t competent authority to, yet on the premise of the appealed competent authority to, yet on the premise of the appealed competent authority to, yet on the premise of the appealed against verdict of conviction, reject an inmated prisoner’s against verdict of conviction, reject an inmated prisoner’s against verdict of conviction, reject an inmated prisoner’s claim for parole. Paramountly also, when the reporting agency claim for parole. Paramountly also, when the reporting agency claim for parole. Paramountly also, when the reporting agency communicates to the District Magistrate that, in the event of communicates to the District Magistrate that, in the event of communicates to the District Magistrate that, in the event of the inmated prisoner, there would be no danger to release of the inmated prisoner, there would be no danger to release of the peace and security of the area concerned, whereupons, the the peace and security of the area concerned, whereupon the peace and security of the area concerned, whereupon apposite rejections but are untenably created restrictions or apposite rejections but are untenably created restrictions or apposite rejections but are untenably created restrictions or fetters rather upon the otherwise well claimed privilege of fetters rather upon the otherwise well claimed privilege of fetters rather upon the otherwise well claimed privilege of parole by the inmated prisoner. parole by the inmated It would also not be out of context to delineate upon the It would also not be out of context to delineate upon the 44. 44. frivolity of reasons, as occur in the declining orders, as frivolity of reasons, as occur in the declining orders, as frivolity of reasons, as occur in the declining orders, as become passed by the competent authority(ies) upon the become passed by the competent authority(ies) upon the become passed by the competent authority(ies) upon the applications filed by the inmated prisoners, wherebys, the applications filed by the inmated prisoners, wherebys, they applications filed by the inmated prisoners, wherebys, the seek theirs becoming endowed the privilege of parole. The said seek theirs becoming endowed the privilege of parole. The said seek theirs becoming endowed the privilege of parole. The said reasons are either stereotyped, or, are not well reasons are either stereotyped, or, are not well-informed reasons are either stereotyped, or, are not well reasons, nor they are banked upon any concrete tangible reasons, nor they are banked upon any concrete tangible reasons, nor they are banked upon any concrete tangible evidence displaying that, in the event of the inmated prisoner evidence displaying that, in the event of the inmated prisoner evidence displaying that, in the event of the inmated prisoner becoming relea sed on parole from the prison concerned, becoming released on parole from the prison concerned, therebys there would be an evident imminent threat to the therebys there would be an evident imminent threat to the therebys there would be an evident imminent threat to the peace and security of the area concerned. The said idly made peace and security of the area concerned. The said idly made peace and security of the area concerned. The said idly made orders are but perfunctorily passed orders, besides are based orders are but perfunctorily passed orders, besides are based orders are but perfunctorily passed orders, besides are based on equally perfunctorily made repo on equally perfunctorily made reports by the police agencies on equally perfunctorily made repo concerned, or, by the local panchayat concerned, all whereof concerned, or, by the local panchayat concerned, all whereof concerned, or, by the local panchayat concerned, all whereof but necessarily display gross non application of mind by the but necessarily display gross non application of mind by the but necessarily display gross non application of mind by the competent authority(ies) but in the passings of decisions upon competent authority(ies) but in the passings of decisions upon competent authority(ies) but in the passings of decisions upon the parole applications. Contrarily, the competent authority the parole applications. Contrarily, the com the parole applications. Contrarily, the com (ies) is required to be making a somber and objective (ies) is required to be making a somber and objective (ies) is required to be making a somber and objective application of mind to the parole applications, keeping in view application of mind to the parole applications, keeping in view application of mind to the parole applications, keeping in view the liberty of an inmated prisoner. Though the espoused liberty the liberty of an inmated prisoner. Though the the liberty of an inmated prisoner. Though the may be severely cramped rather for a limited duration of may be severely cramped rather for a limited duration of time, may be severely cramped rather for a limited duration of yet it has, only on account of complete non application of mind yet it has, only on account of complete non application of mind yet it has, only on account of complete non application of mind by the authority (ies) concerned, thus led to a spate of by the authority (ies) concerned, thus led to a spate of by the authority (ies) concerned, thus led to a spate of litigations, with concomitant harassment being caused to the litigations, with concomitant harassment being caused to the litigations, with concomitant harassment being caused to the inmated prisoners. Moreover, therebys even the well purposes, inmated prisoners. Moreover, therebys even the well purposes, inmated prisoners. Moreover, therebys even the well purposes, n, the application for parole become made, do also whereo whereon, the application for parole become made, do also become defeated.” become defeated.”

7. In view of the above, the impugned order is In view of the above, he impugned order is unsustainable and deserves to be set aside. deserves to be set aside. VANDANA 2024.10.25 13:24 I attest to the accuracy and integrity of this document 2024 (O&M) CRWP-3571-2024 (O&M)

8. Consequently, the petition is allowed and impugned order Consequently, the petition is allowed and impugned order Consequently, the petition is allowed and impugned order dated 07.03.2024 (Annexure P .2024 (Annexure P-1) is set aside. is set aside. The petitioner would be released on parole for a period of six weeks subject to his furnishing released on parole for a period of six weeks subject to his furnishing released on parole for a period of six weeks subject to his furnishing necessary surety bonds to the satisfaction of the competent authority and on necessary surety bonds to the satisfaction of the competent authority and on necessary surety bonds to the satisfaction of the competent authority and on expiry of 06 weeks, he shall surrender before the concerned jail. 06 weeks, he shall surrender before the concerned jail. (ANUPINDER SINGH GREWAL) (ANUPINDER SINGH GREWAL) JUDGE JUDGE (LAPITA BANERJI) (LAPITA BANERJI) JUDGE JUDGE , 2024 October 24, 2024 vandana Whether speaking/reasoned : Whether speaking/reasoned : Whether reportable : Whether reportable : Yes/No Yes/No VANDANA 2024.10.25 13:24 I attest to the accuracy and integrity of this document