JUDGEMENT
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(1.) C R M-W-48 of 2016 The panchayat certificate (Annexure P-1) attached with the criminal miscellaneous application is taken on record subject to just exceptions.
The criminal miscellaneous application stands disposed of accordingly.
(2.) Learned counsel for the State has filed reply by way of affidavit of Sh.Sher Singh, Superintendent of Prison, District Prison, Karnal on behalf of respondents No.1 to 3. The same is taken on record.
Heard learned counsel for the parties.
Criminal writ petition has been filed by the petitioner for directing Superintendent, District Jail, Karnal (respondent No.3) to grant him parole for four weeks' in terms of Section 3(b) of The Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 ( 'the Act' for short) so as to enable him to prepare, organize and also attend the marriage of his son Aashif which is to be performed on 14.2.2016.
(3.) The petitioner has been convicted by the learned Sessions Judge, Karnal on 6.6.2015 in case FIR No.364 dated 14.12.2013 registered at Police Station Madhuban, District Karnal for the offences under Sections 302/201/365 read with Section 34 of Indian Penal Code ('IPC' for short). He has been sentenced to undergo imprisonment for life, besides, pay a fine of Rs.5,000/- and in default thereof undergo rigorous imprisonment for a period of one year and six months. The petitioner is undergoing his life imprisonment. Aggrieved against his conviction and sentence, he has filed CRA-D-1337-DB of 2015 titled Hafiz Versus State of Haryana which is pending in this Court. The petitioner is in custody since 19.12.2013 and has completed more than two years in custody after his arrest.
The petitioner filed an application before the Superintendent, District Jail, Karnal (respondent No.3) for grant of four weeks' parole for the marriage of his son. According to the petitioner, Superintendent, District Jail, Karnal (respondent No.3) refused to accept the application stating that he has not completed one year of imprisonment after the conviction, besides, has not earned his first annual good conduct remission under the Act. Therefore, he has approached this Court.;
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