BIJINDER @ BINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Bajinder @ Binder has filed the present petition for grant of six weeks' agricultural parole under Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as 'the Act'). According to the petitioner, he had submitted a certificate of the Gram Panchayat alongwith a copy of the jamabandi to the Superintendent of District Jail, Bhiwani in order to initiate the papers for grant of agricultural parole but this request has not been acceded to by the said officer.

(2.) IN the reply filed by the Superintendent of District Jail, Bhiwani, it was admitted that a request had been made by the petitioner to forward his application for grant of agricultural parole but this had not been done on account of the fact that petitioner who was granted agricultural parole from 16.11.1999 to 15.12.1999 had overstayed without authority and was re-admitted to jail only on 17.12.1999. It was also submitted that as per the report of the Superintendent of District Jail, Bhiwani, the petitioner had been arrested on 16.11.1999 and case F.I.R. No. 206 dated 15.12.1999 under Sections 146, 149, 341, 323 and 325, IPC was registered in Police Station Bawani Khera. In this way, having committed an offence and failed to observe the condition of parole the petitioner was not entitled to be released on parole. It has also been indicated that the respondent had requested the District Magistrate, Bhiwani to forfeit the security of the petitioner for this conduct.

(3.) THIS argument has got to be rejected as the period of four weeks' would come to an end on 15.12.1999 and there was no occasion for the petitioner to have surrendered on 16.12.1999.