PARSHANT Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Parshant, who was undergoing sentence imposed on him by the Sessions Judge, Karnal on 4.6.1997, had applied for grant of agricultural parole on 27.11.1997. The application was accompanied by a Panchayatnama from the Gram Panchayat of his village Arainpura and a copy of the jamabandi for the year 1990-91. The application was returned by respondent 2 on the ground that no parole could be granted to the petitioner before he had undergone one year of sentence. The petitioner moved this Court on 7.12.1997 and relied upon the observations contained in Lachhman Singh Vs. State of Haryana, 1997(1) Recent Criminal Reports, 739 and 1996(3) Recent Criminal Reports, 726 to the effect that there was nothing in the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for short the Act), which denies the petitioner the relief under Sec. 3 of the Act until he had completed one year of sentence after his conviction.

(2.) Although no reply has been filed, yet in view of the fact that the right conferred on a prisoner under Sections 3 and 4 of the Act has got to be evaluated in each calendar year and there is nothing in the Act which enable the petitioner to avail any right which is denied to him in subsequent years, this petition in my opinion has been rendered infructuous. It is accordingly disposed of with the direction that if the petitioner moves a fresh application for parole, the authorities shall decide it within the time frame, stipulated in Instructions issued by the Government vide letter No. 38/10/94- iJJ(II) dated 16.3.1999. Orders accordingly.