KULDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who has been convicted for an offence under Section 302 IPC and sentenced for life vide judgment dated 24.11.2008 passed by the Additional Sessions Judge, Sonepat and is undergoing his sentence in Central Jail, Ambala, has filed the instant petition for directing the respondents to release him on Agriculture parole for six weeks under Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as 'the Act').

(2.) It is the case of the petitioner that he had moved an application for Agriculture parole to respondent No. 3, which, in turn was forwarded to respondent No. 4, with a copy to the Divisional Commissioner, Ambala Division, who is the competent authority. The said application has been rejected by the Divisional Commissioner, Ambala Division on the ground that since there is enmity in the family of convict (petitioner), he may commit any crime in the village after coming on parole. It is further the case of the petitioner that the father of the petitioner is owning 8 bighas of land in the village and the presence of the petitioner is very much necessary to enable him to perform necessary agriculture work. Counsel for the petitioner contends that the respondent authority has arbitrarily rejected the parole case of the petitioner without any basis or valid reasons. Counsel further prays that the petitioner is neither a habitual offender nor a previous convict, hence, declining of parole to the petitioner at this stage will defeat the very purpose of the Act. Therefore, a direction be issued to the respondents to release the petitioner on Agricultural parole for the aforesaid purpose.

(3.) Pursuant to notice of motion, a written statement has been filed on behalf of the respondents, which is taken on record.