BALDEV RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India read with Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, (hereinafter to be referred as the 'Act') for issuance of directions to the respondents to release the petitioner on house repair parole for four weeks by quashing letter No. 4774 dated 16.4.2010, Annexure P1, passed by respondent No. 2, declining parole to petitioner.

(2.) I have heard learned counsel for the parties and have gone through the whole record carefully.

(3.) It has been contended by learned counsel for the petitioner that petitioner has been undergoing sentence in District jail, Karnal, in FIR No. 332, dated 17.11.2005, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Nissing, District Karnal. Further contends that he had made an application to respondent No. 3 in the month of February 2010 for release on parole for effecting rapair in the house and the same was duly forwarded by Superintendent jail to respondent Nos. 2 and 4 and, however, District Magistrate, Karnal, respondent No. 4, did not recommend the release of petitioner on parole, on the basis of investigation got conducted through Superintendent of Police, Karnal, on the plea that house of the petitioner does not require any repair. It is further contended that the said report is without any basis as petitioner is the best judge as to whether his house requires repair or not.