Convict petitioner sought parole for children's education. Court noted wife's availability and allegations of 'hard core' status. Pending Full Bench reference on phone possession implications for parole, court denied bail on merits amidst concluding admission season.
Parole application dismissed as petition sans merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In the High Court for the States of Punjab and Haryana At Chandigarh
CRWP-4948-2022 (O&M) Date of Decision:-17.8.2022
Vishweshar @ Rinku … Petitioner
Versus
State of Haryana and others
... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:Mr. Sachin Gupta Ladwa, Advocate for the petitioner. Mr. Krishan K. Chahal, Addl. A.G. Haryana.
GURVINDER SINGH GILL, J .
KAMAL KUMAR 2022.08.17 11:14 I attest to the accuracy and integrity of this document
( 2 ) CRWP-4948-2022 (O&M)
home to take care of the admission of children. As per the case of the petitioner himself, one of his daughters is studying in class XI. Another factor that weighed with the authorities concerned for declining the prayer was that the petitioner falls in the category of “hard core” criminal and since the petitioner had not undergone 5 years of imprisonment, he was not entitled to grant of parole.
KAMAL KUMAR 2022.08.17 11:14 I attest to the accuracy and integrity of this document
( 3 ) CRWP-4948-2022 (O&M)
judgment is pronounced, the petitioner can be considered for grant of parole on provisional basis, subject to imposing of some stringent conditions including a condition for furnishing heavy sureties.
| 17.8.2022 | ( Gu | rvinder Singh Gill ) | ||
|---|---|---|---|---|
| kamal | Judge | |||
| Whether reasoned/speaking | Yes | / No | ||
| Whether reportable | Yes | / No |
KAMAL KUMAR 2022.08.17 11:14 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether a prisoner classified as 'hard core' and possessing a mobile phone is disentitled to parole when the stated reason relates to child education which can be handled by the spouse.
Whether the petitioner satisfies the mandatory conditions for parole including duration of imprisonment served and nature of offense.
Whether the petitioner is entitled to parole for child education purpose when the custodial authorities have already declined the request.
Colour shows how this judgement treated each authority
Kulwant @ Monu versus State of Haryana and othersReferred¶17
CRWP-1890 of 2020 – Kulwant @ Monu versus State of Haryana and others
3 provisions across 2 enactments
Vishweshar @ Rinku
State of Haryana
Gurvinder Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
