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2026 DAILYLAW 27227 (PNJ)

PAWAN v. STATE OF HARYANA AND OTHERS

CRWP/7947/2026 · 2026-07-08

Manisha Batra

body2026

Judgment text

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CRWP-7947-2026 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 107 CRWP-7947-2026 (O&M) Date of decision: 08.07.2026 Pawan ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Randeep S. Dhull, Advocate for the petitioner. Mr. Apoorv Garg, Addl. A.G., Haryana. MANISHA BATRA, J. (Oral) 1. The present petition has been filed under Articles 226/227 of the Constitution of India read with Section 6 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 seeking issuance of a writ in the nature of mandamus directing the respondents to grant the petitioner custody parole for one day to enable him to attend the Tehravi ceremony of his father, who died on 01.07.2026. 2. Learned counsel for the petitioner submits that the petitioner is presently confined in District Jail, Rohtak and is undergoing sentence in FIR No.22 dated 01.02.2015. It is contended that the petitioner's father has died and his Tehravi ceremony is fixed for 10.07.2026. The petitioner had already moved an application before the Superintendent, District Jail, Rohtak seeking custody parole, however, the same has not been processed on the premise that the petitioner is a death convict/hardcore prisoner. It is argued that Section 6 of MOHAMMAD WASEEM ANSARI 2026.07.09 12:03 I attest to the accuracy and integrity of this document CRWP-7947-2026 (O&M) -2- the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 specifically permits grant of custody parole even to hardcore convicted prisoners for attending the funeral and last rites of family members and, therefore, the respondents are legally obliged to facilitate the petitioner's presence under police escort. 3. Notice of motion. 4. At this stage, learned State counsel, on instructions, does not dispute the factum of death of the petitioner's father and submits that adequate security arrangements would be required in view of the petitioner's status as a convict. It is submitted that if this Court is inclined to grant the relief, the same may be subject to stringent conditions and under complete police escort. 5. Having heard learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the considered view that the petitioner seeks only custody parole for attending the Tehravi ceremony of his deceased father. Section 6 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 itself contemplates grant of custody parole to a convicted prisoner, including a hardcore convicted prisoner, for attending the funeral and related family rites, subject to necessary safeguards. The relief sought is humanitarian in nature and can adequately be balanced by directing that the petitioner shall remain throughout in police custody. Accordingly, the present petition is disposed of with a direction to respondent No.4-Superintendent, District Jail, Rohtak to ensure that the petitioner is taken from the jail premises under adequate police escort and reaches the place where the Tehravi ceremony is to be performed by 09:30 A.M. on the scheduled date. The petitioner shall remain in the continuous MOHAMMAD WASEEM ANSARI 2026.07.09 12:03 I attest to the accuracy and integrity of this document CRWP-7947-2026 (O&M) -3- custody of the escorting police officials throughout and shall be taken back to District Jail, Rohtak by 05:00 P.M. on the same day. 6. The Superintendent of Police concerned shall make necessary security arrangements for the said purpose. The petitioner shall not be permitted to leave the custody of the escorting officials. All expenses incurred towards the police escort and transportation shall be borne by the petitioner, in accordance with law. 08.07.2026 (MANISHA BATRA) Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2026.07.09 12:03 I attest to the accuracy and integrity of this document