Virender Alias Molad v. State Of Haryana And Others, 2026
The Court balanced statutory compliance with humanitarian considerations by allowing temporary notification-based movement under escort.
Judgement Details
Court
Punjab & Haryana High Court
Date of Decision
8 January 2026
Judges
Justice Yashvir Singh Rathor
Citation
Acts / Provisions
Facts of the Case
-
Virender alias Molad is a convicted prisoner serving life imprisonment in a murder case registered in 2006 at Police Station Agroha, Hisar.
-
He filed a petition in the High Court seeking emergency parole for the purpose of attending his wife’s funeral/last rites.
-
The Jail Superintendent, Hisar had earlier rejected the parole request.
-
Virender also faced an NDPS case registered against him while serving his sentence in the main case.
Issues
-
Whether the High Court should grant emergency parole to Virender alias Molad who has not completed the mandatory five-year imprisonment period under the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022?
-
Whether the existence of a subsequent NDPS offense against the petitioner affects his eligibility for temporary release/emergency parole under the 2022 Act?
Judgement
-
The High Court dismissed Virender alias Molad’s petition for emergency parole.
-
The Court upheld the Jail Superintendent’s order rejecting parole.
-
The Court noted that under Section 6(3) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, a “hardcore convicted prisoner” cannot be released on emergency parole if he has not completed the essential five years’ imprisonment period following his latest offence.
-
The existence of the NDPS case against him meant he had not completed this five-year period, which negatively impacted his eligibility.
-
The Court allowed Virender to be escorted under police supervision to attend his wife’s last rites.
Held
-
Emergency parole denied due to statutory ineligibility.
-
Jail Superintendent’s decision upheld.
-
Limited relief granted only for attending funeral under police escort.
Analysis
-
The Court applied a strict legal interpretation of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, emphasizing the five-year minimum service requirement for emergency parole eligibility.
-
It classified Virender alias Molad as a “hardcore convicted prisoner”, which attracts stricter parole norms.
-
The Court balanced statutory compliance with humanitarian considerations by allowing temporary notification-based movement under escort.
-
This reinforces jurisprudence that sentence completion and conduct are key determinants in parole decisions under state prison release statutes.