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2015 DIGILAW 2154 (PNJ)

Jaswinder Singh alias Mintu v. State of Haryana

2015-12-03

DAYA CHAUDHARY

body2015
JUDGMENT Mrs. Daya Chaudhary, J.: (Oral) - This petition has been filed under Articles 226/227 of the Constitution of India read with Section 482 Cr.P.C. and Section 3(1)(b) of Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 for issuance of direction to respondents to release the petitioner on parole for a period of three weeks to attend the marriage of his sister’s daughter, namely, Manjeet Kaur, which is scheduled to be solemnized on 05.12.2015. 2. Learned counsel for the petitioner submits that the petitioner is the only brother of his sister and at the time of marriage of daughter of his sister, certain ceremonies are to be performed by the petitioner being maternal uncle (Mama) where his presence is required. 3. Notice of motion was issued on 01.12.2015. 4. In response to notice of motion, learned State counsel has filed reply by way of an affidavit of Superintendent, District Prison, Karnal wherein custody period as well as other particulars relating to conviction have been mentioned and another affidavit has been filed by Deputy Superintendent of Police, Head Quarter, Karnal, wherein it has been mentioned that the factum of marriage has been affirmed by the Sarpanch and other respectable persons of the village, which is scheduled to be solemnized on 05.12.2015. Learned State counsel also submits that it has been stated by the Sarpanch that the younger brother of the petitioner had died 5-6 years back and now the petitioner is the only son of his parents. 5. Heard arguments of learned counsel for the petitioner as well as learned State counsel and have also perused the documents available on the file including marriage card and the reply filed by the State. 6. Keeping in view the submissions made by learned counsel for the petitioner and by considering the fact that the marriage of the daughter of sister of the petitioner is scheduled to be solemnized on 05.12.2015 and his presence being maternal uncle (Mama) is necessary to perform certain ceremonies, the present petition is allowed and the petitioner is directed to be released on parole to the satisfaction of Superintendent, District Jail, Karnal for a period of three days w.e.f.04.12.2015 to 06.12.2015. The petitioner is directed to surrender before the jail authorities after expiry of said period i.e., on 07.12.2015. 7. The petitioner is directed to surrender before the jail authorities after expiry of said period i.e., on 07.12.2015. 7. A copy of this order be supplied to learned counsel for the petitioner under the signatures of Special Secretary of the Court.