HARDIAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition, the petitioner seeks a direction to the respondents to release him on parole for levelling his agricultural land under Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988. Earlier the parole case of the petitioner was rejected by order dated 8.10.1999 on the ground that the petitioner had given his land on lease to Shri Gugan. On subsequent investigation by the District Magistrate, Rewari, it has been found that the petitioner has not given the land on lease. It has also been found that there is no member in the family of the petitioner to look after the agricultural work. This report has been given by the District Magistrate, Rewari and forwarded to the Superintendent, District Jail, Rewari on Ist August, 2000. The District Magistrate has recommended that the petitioner be granted parole. Inspite of this recommendation, the petitioner has not been released on parole. No other reason is set out for denying the concession of parole to the petitioner except that the parole cannot be availed by a prisoner as a matter of right. I am of the considered opinion that the decision taken by the respondents is arbitrary. The petitioner deserves to be released on parole, in view of the recommendation made by the District Magistrate, Rewari.

(2.) IN view of the above, the petition is allowed. The petitioner is directed to be released on parole for a period of six weeks to run from the date the petitioner is released, to the satisfaction of District Magistrate, Rewari. Petition allowed.