Hardcore Prisoner Can't Be Released On Emergency Parole Without Completion Of 5 Yrs Of Imprisonment After Latest Offence: P&H High Court
The Punjab & Haryana High Court has declined to grant emergency parole to a life convict seeking temporary release on account of the death of his wife, holding that he did not fulfil the statutory requirement of completing five years of imprisonment after his latest offence, as mandated under the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022.However, taking a humanitarian...
The Punjab & Haryana High Court has declined to grant emergency parole to a life convict seeking temporary release on account of the death of his wife, holding that he did not fulfil the statutory requirement of completing five years of imprisonment after his latest offence, as mandated under the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022.
However, taking a humanitarian view, the Court permitted the petitioner to attend the last rites and rituals of his deceased wife under police escort, by way of custody parole for limited hours.
Justice Yashvir Singh Rathor noted, "a hardcore prisoner can be released on temporary basis or on furlough after completion of 5 years of imprisonment but he cannot be released on emergency parole in case he has not completed requisite 5 years period of his imprisonment after the date of his latest offence. In the present case, fresh FIR under NDPS Act was registered against the petitioner on 04.06.2025 and as such, he has not completed 5 years of imprisonment after the subsequent offence was committed by him and as such, he cannot be released on emergency parole."
The petition was filed under Article 226 of the Constitution of India read with Section 3 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, challenging the order dated 23.12.2025 passed by the Superintendent, Central Jail, Hisar, rejecting the petitioner's request for emergency parole.
The petitioner sought emergency parole following the death of his wife. His application was rejected on the ground that he is a hardcore convicted prisoner, having been convicted under Section 302 IPC in FIR dated 19.01.2006, Police Station Agroha, and sentenced to life imprisonment.
The rejection order further recorded that after returning to jail on 04.06.2025 from a 10-week parole, 620 tablets of contraband were allegedly recovered from the petitioner, leading to registration of a fresh case under Section 22(B) of the NDPS Act and Section 42 of the Prisons Act.
Referring to Section 6(2) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, the Court noted that a hardcore convicted prisoner becomes eligible for emergency parole only after completion of five years of imprisonment from the date of his latest offence, provided no major jail or cognizable offence is committed during that period.
The Court observed that since a fresh NDPS case had been registered against the petitioner on 04.06.2025, the statutory period of five years had not elapsed. Consequently, the petitioner was not entitled to emergency parole under the Act.
While upholding the rejection of emergency parole, the Court permitted the petitioner to be taken to his place of residence under police escort to enable him to perform the last rites and rituals of his wife.
The Court directed that the petitioner be taken, on 3rd January 2026 and 4th January 2026 at his own expense, under strict police escort. The Superintendent of the concerned jail was directed to make the necessary arrangements.
Mr. K.D.S. Hooda, Advocate for the petitioner.
Ms. Jasmine Gill, AAG Haryana.
Title: VIRENDER ALIAS MOLAD v. STATE OF HARYANA AND OTHERS