Kailash Devi vs State Of Haryana And Ors

CRWP-10678-2025 (O&M) -:1:-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
( 274 ) CRWP-10678-2025 (O&M)
Date of Decision: 09.09.2026
KAILASH DEVI
… Petitioner
Versus
STATE OF HARYANA AND ORS
... Respondents
-.-
CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL
Present:- Mr. Randeep S. Dhull, Advocate
for the petitioner.
Mr. Ramesh Kumar Ambavta,
Addl. AG, Haryana.
-.-
VIRINDER AGGARWAL , J . (Oral)
1. Criminal Writ Petition under Articles 226/227 of the
Constitution of India read with Rule 187(2)(b)(ii) of the Haryana Prisons
Rules, 2022, seeking issuance of a writ in the nature of certiorari for
quashing and setting aside the order dated 05.09.2025 ( Annexure P-1 )
passed by the State Level Committee, whereby the petitioner’s case for
premature release has been rejected and consideration thereof deferred for
a further period of two years. The impugned order is assailed as being
illegal, arbitrary and contrary to the statutory scheme embodied in Rule
GAURAV SOROT
2026.09.09 15:19
I attest to the accuracy and
integrity of this document

CRWP-10678-2025 (O&M) -:2:-
187(2)(b)(ii) of the Haryana Prisons Rules, 2022, inasmuch as the
petitioner has already undergone the requisite period of sentence
prescribed thereunder and is thus stated to have become eligible for
consideration for premature release. It is further contended that the
impugned decision proceeds upon an erroneous interpretation and
application of Rule 187(2)(b)(ii) and subjects the petitioner to continued
incarceration without due justification, thereby infringing her
constitutional and statutory rights and, according to the petitioner,
resulting in impermissible re-litigation of the very circumstances forming
the basis of her conviction.
1.1. The petitioner accordingly seeks a direction for her premature
release in accordance with Rule 187(2)(b)(ii) of the Haryana Prisons
Rules, 2022, particularly in view of the judgments of this Court in Pohlu
@ Polu Ram vs. State of Haryana and Others, CRWP No.8232 of 2022,
decided on 05.02.2024, and Raju @ Rajesh vs. State of Haryana and
Others, CRWP No.2160 of 2024, decided on 11.03.2024.
2. Learned counsel for the petitioner submits that the petitioner
has undergone 12 years of actual sentence and 16 years including
remission, thereby satisfying the eligibility requirement under Rule 187(2)
(b)(ii) of the Haryana Prisons Rules, 2022. Her conduct for the preceding
five years has remained “Good” under Rule 187(2)(4), with no subsequent
case or adverse circumstance disentitling her from premature release. She
has also participated in rehabilitation activities and is neither a Hardcore
nor a hardened criminal. Reliance is placed upon Pohlu @ Polu Ram vs.
State of Haryana and Others, CRWP No.8232 of 2022 , decided on
GAURAV SOROT
2026.09.09 15:19
I attest to the accuracy and
integrity of this document

CRWP-10678-2025 (O&M) -:3:-
05.02.2024, and Raju @ Rajesh vs. State of Haryana and Others, CRWP
No.2160 of 2024 , decided on 11.03.2024, to contend that the impugned
order is unsustainable and warrants interference. Accordingly, setting aside
of the impugned order and appropriate consequential directions have been
prayed for.
3. Per contra, learned State counsel opposes the present petition
and supports the impugned recommendation, submitting that the same has
been rendered after due consideration of the relevant factual and legal
circumstances and suffers from neither any illegality, arbitrariness nor
procedural infirmity warranting interference in exercise of the
extraordinary writ jurisdiction of this Court. Dismissal of the present
petition has accordingly been prayed for.
4. Having heard learned counsel for the parties and upon
meticulous examination of the record with their able assistance, it is
evident that, as on the date of the impugned order, the petitioner had
undergone 12 years, 01 month and 26 days of actual sentence, whereas her
total sentence, inclusive of remission, stood at 19 years, 02 months and 09
days. The case of the petitioner is required to be considered in the
backdrop of the Haryana Government Gazette (Extraordinary) dated
30.12.2022 (Paus 9, 1944 Saka), Part-2-A. Clause XII thereof specifically
refers to the category of “ murder of more than two persons in one case ”.
However, a careful consideration of the relevant provisions of the policy
shows that the case of the petitioner does not fall within any of the
categories enumerated under Clause 2-A thereof and, rather, is liable to be
considered under Clause 2-B. The distinction is material, as the
GAURAV SOROT
2026.09.09 15:19
I attest to the accuracy and
integrity of this document

CRWP-10678-2025 (O&M) -:4:-
applicability of the more stringent parameters under Clause 2-A cannot be
presumed or extended beyond the categories expressly contemplated by
the policy.
4.1. It is further significant that the impugned order does not
record any adverse finding regarding the conduct of the petitioner. On the
contrary, there is no finding that her conduct during the relevant period
was bad or otherwise disentitled her from consideration for premature
release. Thus, the impugned decision does not appear to have taken into
account, in the proper perspective, the petitioner’s actual period of
incarceration, the remission earned by her, the applicable classification
under the policy and the absence of any adverse finding regarding her
conduct. The impugned order, having proceeded without correctly
appreciating the applicable provision of the policy, therefore, suffers from
a material infirmity warranting interference. Accordingly the present
petition is disposed of and the impugned order is set aside and the
competent Authorities are directed to reconsider the petitioner’s case
afresh, strictly in accordance with the applicable policy and the
observations made herein, by passing a fresh, reasoned and speaking order,
expeditiously and, in any event, within a period of one month from the
date of receipt of a certified copy of this order.

( VIRINDER AGGARWAL )
09.09.2026 JUDGE
Gaurav Sorot
Whether reasoned / speaking? Yes / No
Whether reportable? Yes / No
GAURAV SOROT
2026.09.09 15:19
I attest to the accuracy and
integrity of this document