BASANT KUMAR ALIAS BUNTY v. STATE OF HARYANA AND OTHERS
CRWP/8709/2026 · 2026-07-22
Amarjot Bhatti, Rajesh Bhardwaj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32502 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32502 (PNJ) · dailylaw.ai ]
Judgment text
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CRWP No.8709 of 2026 -1- 102 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No.8709 of 2026 Date of Decision: 22.07.2026 Basant Kumar @ Bunty
..... Petitioner Versus State of Haryana and others ..... Respondents
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ HON’BLE MS. JUSTICE AMARJOT BHATTI *** Present: Mr. Aakash Rana, Advocate and Mr. Sandeep Kumar, Advocate for the petitioner. *** RAJESH BHARDWAJ, J. (ORAL)
1. Present criminal writ petition has been filed praying for quashing of impugned order dated 12.05.2026 passed by respondent No.3 and further to release the petitioner on regular parole for a period of 10 weeks. Further prayer has been made for directing respondent No.3 to consider and decide the petitioner’s parole application expeditiously in accordance with the binding precedents of this Hon’ble Court.
2.
Learned counsel for the petitioner has submitted that the petitioner had applied for the parole and the same was dismissed vide
order dated 12.05.2026. He has submitted that the only ground for the rejection has been taken that the wife of the petitioner has already been granted parole and thus, his parole would be considered against the surrender of his wife. He has submitted that the petitioner had been earlier granted the parole for a period of 10 weeks vide order dated RITTU 2026.07.22 13:59 I attest to the accuracy and integrity of this document
CRWP No.8709 of 2026 -2- 14/15.10.2024 passed by the competent authority and he duly surrender before the jail upon expiry of the same. He has further submitted that the petitioner’s wife, namely, Sarita was also granted the parole for a period of 10 weeks vide order dated 05.07.2024, however the jail authorities refused to release her simultaneously with the petitioner, who was also on parole on that time. He has further submitted that the wife of petitioner, namely, Sarita had earlier approached this Court by way of filing CRWP No.11040 of 2024 praying for the grant of parole and the Co-ordinate Bench had observed that there is no such bar and thus, set aside the order passed by the State and ordered to release Sarita on regular parole for a period of 10 weeks holding that ‘the factum of the release of her husband on parole at the same time cannot come in the way of the petitioner’s release on parole, in any manner, whatsoever’ and that ‘parole is a valuable right which is a significant step towards reformation of the accused. It is necessary for the convict to maintain his/her contact with the society which would facilitate his/her reformation as a responsible citizen at the time of his/her release after completion of sentence. He has submitted that the issue is no more res integra and the impugned order deserves to be set aside. 4. Notice of motion. 5. Mr. Anant Kataria, DAG, Haryana appears and accepts notice on behalf of the respondents-State. He does not dispute the factum of passing of the order in the similar circumstances. 6. Heard. RITTU 2026.07.22 13:59 I attest to the accuracy and integrity of this document
CRWP No.8709 of 2026 -3-
7. In view of the above said position, this Court finds that the impugned order dated 12.05.2026 deserves to be set aside and the prayer of the petitioner for parole also deserves to be considered. 8.
Thus, keeping in view the overall facts and circumstances of the present case on the anvil of the law settled, the impugned order dated 12.05.2026, being unsustainable in the eyes of law, is hereby set aside. 9. Accordingly, the present petition stands disposed of. The petitioner shall be released on parole for a period of ten weeks. The petitioner shall furnish necessary surety bonds immediately to the satisfaction of the competent authority and the competent authority shall accept the surety bonds forthwith. It is clarified that on expiry of 10 weeks, the petitioner shall surrender before the concerned jail authorities. At the time of his release, the Jail Superintendent concerned is directed to intimate the petitioner about the date and time of his surrendering back to jail. (RAJESH BHARDWAJ) JUDGE (AMARJOT BHATTI) 22.07.2026 JUDGE rittu Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RITTU 2026.07.22 13:59 I attest to the accuracy and integrity of this document