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2017 DIGILAW 679 (PNJ)

Hariom @ Kalu v. State of Haryana

2017-03-08

AUGUSTINE GEORGE MASIH, M.JEYAPAUL

body2017
JUDGMENT Mr. M. Jeyapaul, J.: (Oral) - Reply filed on behalf of the respondents is taken on record. 2. Petitioner-Hariom @ Kalu, who was convicted under Section 302 read with Section 34 IPC, moves this writ petition praying for emergency parole under Section 3 (1) (d) of the Haryana Good Conduct Prisoner’s Temporary Release Act, 1988 to attend the last rites ceremony of his mother, which is fixed for 09.03.2017. 3. Reply was filed by the State. It has been admitted that the last rites ceremony of the mother of the petitioner is going to be held on 09.03.2017 in the house of the petitioner. 4. We are aware of the fact that the writ petitioner was sent to attend the funeral ceremony of his mother in police custody. The admitted fact is that the petitioner is the only son of his mother. Therefore, in our considered view, the petitioner will have to discharge religious obligation during the last rites of his mother as per the religious customs. Therefore, it is ordered that the petitioner shall be taken to his house on 09.03.2017 in police custody to attend the last rites ceremony of his mother that may be held between 10 AM to 4 PM on the said date. He be taken back to prison on the same date at 4 PM. 5. The writ petition is ordered accordingly. 6. Copy of the order be furnished to the State counsel under signatures of the Bench Secretary of this Court.