VIJAY PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner along with co-accused was convicted under Sections 201, 302 and 364-A read with Section 34 IPC. He was sentenced to undergo RI for seven years under Section 201 IPC and imprisonment for life each under Section 302 and 364A IPC. It was further directed that the petitioner shall not be released till his last breath i.e. natural death. Appeal of the petitioner is pending before this Court. Petitioner sought parole for two weeks to attend marriage of his sister which is stated to be fixed for 10.7.2019.

(2.) Superintendent of Jail apparently exercising powers under Section 5A of Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, after seeking legal opinion from the office of the Director General of Prisons, Haryana, Panchkula, declined the request of the petitioner for parole on the ground that the Court had ordered that the convict will not be released till his last breath i.e. natural death. Petitioner has impugned the said order before this Court. Reply of the State has been obtained. In the reply, State has taken the ground that since the sentence is life imprisonment till natural death, the petitioner cannot be released on parole.

(3.) I have heard learned counsel for the parties and have also carefully gone through the file. Learned counsel for the petitioner has relied upon the authority of Supreme Court in Krishan Lal vs. State of Rajasthan and another , 2013 AIR (SC) 411, which was relied upon by this Court while allowing the prayer in CWP No.1989 of 2019, decided on 20.3.2019 titled as Vijay Pal @ Goldy vs. State of Haryana and others , in which the petitioner was allowed parole under Section 3(1)(a) of Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, after quashing the order passed by the authorities vide which the parole was declined. In that case, father of the petitioner has died.