Anand v. State of Haryana

IN T

Anand State of Haryana

CORAM : HO

Present: Mr

Ms

for

Ms SUDEEPTI SH

1.

The grant parole to FIR No.0042/20 registered at PS and order of se dated 26.07.202 marriage schedu

2.

On in the present Thereafter, the amending the p

21.02.2025 to 07 THE HIGH COURT OF PUNJ AT CHANDIGA

CR Da

VERSUS a & Others ON'BLE MRS. JUSTICE SUD r. P.S.Datta, Sr. Advocate with s. Aparna Singhal and Mr. Pawan the petitioner. s. Mahima Yashpal, DAG Haryan -.- HARMA, J. (Oral)

e present petition is for issuanc the petitioner Convicted and S 019 under Sections 376(3), 506 Women Police Station, Bhiwan entence dated 04.08.2022 affirm 23, for a period of 15 days fr uled on 05.01.2025. n 19.12.2024, the State was direc case and the case was adjourn petitioner filed an application b rayer in the main petition to the

7.03.2025 to solemnize his marr JAB AND HARYANA ARH RWP-12323-2024 (O&M) ate of Decision : 10.02.2025

....Petitioner ....Respondents EEPTI SHARMA n, Advocates na. ce of directions to respondents entenced to Life Imprisonment of IPC and Section 6 of POCS ni Act vide judgment of convicti med by this Court vide judgme rom 03.01.2025 to solemnize h ted to file the detailed status rep ned to today i.e. for 10.02.202 bearing No.CRM-W-166-2025 f e extent of release on parole fro riage re-scheduled for 25.02.2025

to in SO ion his ort

¶25for om

5.

3.

Lea consent of both to be solemnize to 07.03.2025.

4.

Lea

07.02.2025 filed Bhiwani. Relev "Pr

¶2Ka

¶04Jud Bhi Sec IPC Sec PO Act

arned Senior counsel for the p the parties i.e. the victim as well ed on 25.02.2025, therefore, now arned State counsel has placed o d by way of affidavit of Devi D vant portion of the same is reprod reliminary Submissions:- That, petitioner/convict Ana tesra, Police Station Kalanaur,

08.2022 by the learned Court o dge cum-Judge, (Fast Track Sp iwani in case FIR No.42 dated 2 ction-6 of POCSO Act.(Convicti C) P.S. Women Bhiwani District ctions Sentence Fine of OCSO t Rigorous Imprisonment for Life 50,0 6 IPC Rigorous Imprisonment for three years 5,00 petitioner contends that with t l as the petitioner, their marriage w he seeks parole from 21.02.20 on record reply/status report dat Dayal Superintendent, District J duced as under:- and S/o Satbir Singh resident District Rohtak, was convicted of Ms. Sonika, Additional Sessio pecial Court Under POCSO Ac

26.03.2019 U/s 376-C, 506 IPC ion U/S 6 of POCSO Act and 5 t Bhiwani and sentenced as unde e Sentence in default of payment of fine 000/- Simple Imprisonment for a period of one year 00/- Simple imprisonment for a period of one month

e is ted Jail of on ons ct), C & r:-

Note of na

¶3of 03 year, perio unde Sr.No

1.

2.

3.

4.

5.

6.

¶4comm sixte Priso e:- Imprisonment of life means atural life of the accused. That the petitioner/convict ha 3 years, 10 months & 24 days r, 04 months & 20 days as on 0 od undergone by the petitioner er:- o. Particulars Period Undertrial Period 27/03/2019 to 14/ 02/08/2022 to 03/ Conviction Period 04/08/2022 to 07/02 Total Sentence undergone Parole & absent From parole(-) NIL Interim Bail (-) NIL Actual Sentence undergone That the petitioner/convic mitted the rape with a deaf and een years repeatedly, hence, falls oner" as per law envisaged unde s imprisonment for the remaind as undergone actual imprisonme including undertrial period of

07.02.2025, the details of custo r/convict as on 07.02.2025 is Years Months D /08/2020 /08/2022 2/2025 ct has been convicted havi d dumb child girl below the age s under the category of "Hardco er Section 2(1)(g)(i)(6) of Harya

ody as Days ing of ore

Good repro 2(1)(

(i)

¶5cat rem Sec (Te 6(3 sen em onl con The mo kin Go Ha is a

d Conduct Prisoners (Tempora oduced as under:-

(g) "hardcore convicted prisone

(6) "rape or penetrative penetrative sexual assault o below sixteen years of age" That the petitioner/convic tegory of Hardcore Prisoner as s mainder of natural life, hence fu ction 6 sub section (3) of the H emporary Release) Act, 2022 whi 3) "Provided that a hardcore ntenced for imprisonment till ergency parole or regular paro ly after completion of seven nviction" erefore, the petitioner/convict h nths & 04 days after conviction years imprisonment after conv d of parole at this stage as per od Conduct Prisoners (Tempor aryana Good Conduct Prisoner annexed as Annexure R-1). ary Release) Act, 2022, which er" means any prisoner, who --- sexual assault or aggravat or unnatural offence with a ch t further categories under t sentenced the imprisonment for t urther as per law contained und Haryana Good Conduct Prisone ich is reproduced as under:- convicted prisoner who has be natural life shall be eligible f ole at par with convicted prisone n years of imprisonment af has only completed 02 years n, and has not completed requis viction, hence not eligible for a law envisaged under the Harya rary Release) Act, 2022. (Copy rs (Temporary Release) Act, 20

is - ted hild ers een for ers fter site any ana

¶6of 3 wit No. pet bei was refe pet dat Nir Ho con and may tru fath

¶7bee Bhi "m Inc That earlier, father of the pe 30 days parole to the petitioner th victim of this case was duly ac .12462 dated 20.12.2024 after g titioner/convict falls under the ing not found eligible for any kin s communicated to Sh. Satbir, fa ference to his application ma titioner/convict in compliance o ted 24.10.2019 passed in CRW rmal Singh versus State of on'ble Court deemed fit to say th nsider communicating brief rea d his/her acknowledgement tak e first hearing production of tha ay have to face the consequence e and full facts" (Copy of the her of the petitioner/convict is a That the facts of the marri en got verified through Station H iwani and as per verification re marriage of the victim has been charge, Chowki Gujrani by reac e statement of the victim's mothe etitioner/convict, applied for gra r/convict to perform the marria cknowledged vide this office End going through record found that t category of Hardcore Prison nd of parole and a copy of the sam father of the petitioner/convict w ade for grant of parole to t of this Hon'ble High Court od WP No.30806 of 2019 titled Haryana and Others in whi hat "the Jail Superintendents c ason/s for rejection to the conv ken so that this Court can insist at reason failing which the conv es in case he has not brought o speaking order forwarded to t annexed as Annexure R-2). iage of the petitioner/convict h House Officer, Police Station Sad eport submitted by him stated th n got verified by SI Anil Kum ching the house of the victim a er Rajna wife of Kaluram reside

ant age dst. er, me with as ich can vict t at vict out has dar hat ar,

of dau rea Ana jail perf ver ver Eng

5.

A p parole as per (Temporary Rel

6.

Fur the victim has dumb and is in therefore, when satisfied that h marriage, then s

7.

In v is made out and

8.

Pen

February 10, 20 tripti

Whethe

Whethe Chang has been recorded. In ughter, the victim who is deaf ading, writing, hearing and unde and son of Satbir resident of Kat l and keeps my daughter well rform the marriage of my daug rification report alongwith stat rnacular is annexed as Annex glish is annexed as Annexure R perusal of the above shows tha Section 2(1)(g)(i) (6) of Ha lease) Act, 2022. rther a perusal of para 7 referred specifically given a statement capable of reading, writing, hea never petitioner would come o e would keep her daughter ha she would perform marriage of h view of the above, no ground fo the present petition is dismissed nding applications, if any, also st

(S

er speaking/non-speaking : Speak er reportable

: Yes/N her statement, she stated that h f and dumb and is incapable erstanding anything and whenev tesra District Rohtak, comes out & good in Bhiwani, then I w ghter with Anand." (Copy of t tement of the victim's mother xure R-3 & true translation R-3/T). at the petitioner is not entitled aryana Good Conduct Prisone d to above shows that the mother that since the victim is deaf a aring and understanding anythin out of the jail and she would appy and in good condition af her daughter with the petitioner. or granting parole to the petition d. tand disposed off. SUDEEPTI SHARMA) JUDGE king

her of ver t of will in in to ers r of and ng, be fter