Convict, a ‘seasoned criminal’, allowed to be taken out in custody to solemnize marriage

Punjab and Haryana High Court: A Single Judge Bench comprising of Gurvinder Singh Gill, J., dismissed a petition for grant of parole, however, allowing the petitioner to be taken out in custody for solemnizing the marriage.

The petitioner was a convict in as many as 14 other cases and a case under provisions of IPC and Arms Act was still pending against him. The petitioner sought emergency parole of 6 weeks to solemnize his 3rd marriage. The petition was opposed by the learned State counsel submitting that there was an apprehension of breach of peace in the village, and on an earlier occasion, the petitioner had absconded while on parole.

The High Court noted the aforestated position and observed that the petitioner was a seasoned criminal and earlier, he had committed offences even on parole. As such, the Court did not find any sufficient ground to grant 6 weeks parole to the petitioner. However, since the fact of his marriage was verified by the State, the petitioner was allowed to be taken out in custody for one day so as to enable him to solemnize marriage, after which, the petitioner was to be consigned back in jail on the same day. It was directed that the expenditure of the entire exercise was to be borne out by the petitioner. [Vijay v. State of Haryana, 2018 SCC OnLine P&H 856, dated 27-06-2018]

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