PAWAN KUMAR Vs. DIRECTOR GENERAL PRISONS

JUDGEMENT

(1.) PETITIONER -Pawan Kumar has filed this petition asserting that the application moved by him to the respondents for grant of parole in order to enable him to carry out necessary repairs of his house was rejected on 28.2.2000 because the District Magistrate had reported that the "convict has a residential house, which does not require repairs". Dissatisfied by this order, the petitioner has approached this Court and appended with the petition a Panchayatnama issued by the Gram Panchayat of village Chandawas indicating that "the house of the petitioner is very old; it is broken at places; and if it is not repaired early then it may collapse at any time."

(2.) IN the reply filed on behalf of respondents by the Superintendent, District Jail, Mohindergarh reliance was sought to be placed on the report of the District Magistrate for submitting that the petitioner's application had been rightly rejected.

(3.) FOR the reasons recorded above, the order passed by respondent No. 1 rejecting the request of the petitioner for grant of parole cannot be sustained. Accordingly, the respondents are directed to release the petitioner on parole for a period of two weeks on his furnishing requisite bail and surety bonds to the satisfaction of the District Magistrate, Rewari, who shall order for the release of the petitioner on accepting the bail and surety bonds. The petitioner shall surrender before the jail authorities after the expiry of the period of parole. The petitioner shall not commit any offence during the period of parole and he shall avail the parole only for the purpose it was applied for. In case the petitioner violates any term or condition of bail bond, it will be open to the State to take the petitioner into custody. Petition allowed.