Parmod vs State of Haryana and others

This writ petition has been filed by petitioner - Parmod, an

accused - convict undergoing sentence of life imprisonment in District Jail,

Faridabad so awarded to him in FIR No.101 dated 26.4.2004, under Sections

302, 303, 120-B and 34 IPC and Section 25 of the Arms Act, registered with

Police Station City Sonepat, District Sonepat by Court of Sessions.

Though the accused-convict had filed an appeal against said

judgment of his conviction but he same was dismissed by this Court on

25.2.2002. According to the petitioner, he has maintained good character in

jail while undergoing his sentence and has not given any chance for

complaint; that earlier he had availed of parole in the month of January, 2016

and surrendered in the jail within time and thereafter, he was granted parole

on 14.10.2016 and he was directed to surrender on 26.11.2016; that while he

was going to jail for the purpose of surrender on the way he suffered stomach

ailment, due to which he was admitted in Shaili Nursing Home near bus-

stand, Rohtak, Jhajjar vide CR No.1161 dated 26.11.2016 at 3:00 p.m.; that

doctor of said nursing home treated the petitioner and advised one day rest,

due to stomach infection; that after discharge, the petitioner on 27.11.2016

surrendered in the jail before 10 ''O'' clock, in that way, there was delay of

only one day in surrendering in the jail after availing period of parole; that the

Governor of Haryana had granted remissions on 1.11.2016 on the occasion of

Golden Jubilee of Haryana Day i.e. remissions granted to the life convicts,

however, the petitioner was not given that benefit, as such he had served legal

notice upon respondents through his counsel on 1.12.2016; that in reply to the

notice, Superintendent Jail has stated that benefit of remissions is not

admissible to the petitioner as he had surrendered in jail one day late and that

petitioner was punished for one day forfeiture of his earned remissions and

further the petitioner was debarred for getting parole for six months; that the

petitioner has challenged such action of respondent No.2 in not allowing the

remissions in term of the order passed by Governor of Haryana on the ground

that one day in surrendering in jail after availing parole was not intentional

but due to his ailment; that the petitioner has already been punished by

Superintendent of Jail by forfeiting one day remission which was judicially

appraised by District & Sessions Judge, Faridabad. The petitioner prays that

his petition be accepted.

Notice of the writ petition was given to respondents. Reply on

behalf of respondents No.1 and 2 has been filed in which preliminary

objections have been raised that petitioner is not entitled to invoke the

extraordinary jurisdiction of this Court by filing the present petition as no

legal or fundamental right of the petitioner has been infringed by the

answering respondents; that remission is not right of a convict and it is a

concession given to the convicts by State Government after fulfillment of

certain conditions; that petitioner was convicted and sentenced to undergo life

imprisonment by the Court of Additional Sessions Judge, Sonepat on

22.11.2006 in case FIR No.101 dated 26.4.2004 for offences under Sections

302 / 323 / 303 / 120-B / 34 IPC and 25 of Arms Act, registered with Police Station

City, Sonepat and to pay a fine of Rs.7,000/- and in default in making

payment of fine to undergo further rigorous imprisonment for 7 months,

however, fine not paid. He was further convicted in a case registered vide FIR

No.371 dated 18.7.2011, under Sections 8/9 Parole Act, registered with Police

Station Sadar, Karnal by Court of Additional Chief Judicial Magistrate,

Karnal and sentenced for one year simple imprisonment and to pay a fine of

Rs.500/- and in default in making payment of fine to undergo further simple

imprisonment for 15 days. However, the fine has not been paid and this

sentence is to start after expiry of sentence in case FIR No.101 dated

26.4.2004. The details of other disposed of and pending cases are as under:

DETAILS OF DISPOSED OF CASES

FIR No.419/2002, under Sectons 399/402/34 IPC & 25/54/59 Arms

Act, P.S. Dwarka, Delhi (Sentence already undergone on 31.3.2014,

but fine of Rs.3,500/- not paid).

FIR No.1007/2004, under Section 302 / 120-B / 201 / 34 IPC, P.S. Sadar

Palwal (Acquitted on 16.2.2009).

FIR No.371/2013, under Section 42 Prison Act, P.S. Bhondasi,

Gurgaon (Acquitted on 18.8.2015).

FIR No.112, dated 11.2.2013, under Section 174-A IPC, P.S. Sadar

Karnal (undergone on 23.3.2013).

DETAILS OF OTHER PENDING CASES

FIR No.139/2001, 855/01 State Versus Devender, under Section 392

IPC, P.S. Beawar (Rajasthan) (On bail w.e.f. 6.1.2016).

It is contended that since the petitioner had surrendered after

delay of one day, he was punished by Superintendent Jail by one day

forfeiture of his earned remission, which was judicially appraised by District

& Sessions Judge, Faridabad; that as per notification of the Government for

remission granted vide Endst. Letter No.36/389/2016-1JJ dated 4.11.2016 in

para No.2, it is specifically mentioned that "this remission will also be granted

to all the convicts who are on parole/furlough from the jail on Golden Jubilee

of Haryana Day i.e.1st November, 2016, subject to the condition that they

surrender at the respective jails on the due date after the expiry of their

parole/furlough period for undergoing the unexpired portion of their sentence.

Therefore, this special remission was not granted to the convict as he had not

surrendered in the prescribed time period and disregarded the parole rules by

overstaying the parole 1 day. On merits, these very assertions have been

reiterated contending that as per Parole Release Warrant of the petitioner his

residence is at village Kair, P.S. Jafarpura, Najafgarh, New Delhi but medical

certificate produced by the petitioner is from a private medical hospital of

District Jhajjar and as per parole warrant, he will not leave his parole station

i.e. his village without prior permission of Sub-Divisional Magistrate,

Najafgarh, Delhi. Moreover, the said private hospital does not come in the

route of his journey to surrender at District Jail, Faridabad and the story of

ailment has been fabricated just to offer a plausible action in delay in

surrendering in jail after avail of parole period. In the end, these respondents

prayed for dismissal of the petition.

I have heard learned counsel for the petitioner and learned State

counsel besides going through the case file and I find that there is no merit in

the petition.

Admittedly, the petitioner has violated the condition prescribed

in the order granting remission by Governor of Haryana that he was to

surrender at respective jail on the due date after expiry of parole but he did not

do so. The explanation rendered by him that it was for the reason that he had

suffered from stomach ailment and was admitted in a private hospital does not

seem plausible and convincing in view of the specific stand taken by

respondents in the written reply that the petitioner was to remain at his

residence in village Kair, P.S. Jafarpura, Najafgarh during the period of parole

and he could not have left that place without permission of SDM, Najafgarh

then how could he get admitted in a private hospital at Jhajjar particularly

when it does not fall on way while one has to go from village of petitioner to

District Jail, Faridabad. The genuineness of the certificate itself comes out to

be suspect since it is by a private hospital. Had it been by some Government

Hospital, then that would have carried some credibility but not in this case.

The petitioner having violated the terms and conditions is not entitled to get

benefit so claimed by him.

Under the circumstances, there is illegality or infirmity in the

impugned dated 27.12.2016 passed by respondent No.2.

Finding no merit in the petition, the same stands dismissed.