CHANDER BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed by petitioner Chander Bhan under Section 482 Cr.P.C. read with Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for short the Act) seeking quashing of impugned order dated 30.8.2010, Annexure P-1, passed by respondent No. 2 and to release the petitioner on parole for six weeks for agricultural operation.

(2.) Admitted facts are that the petitioner is undergoing life imprisonment in case FIR No. 191 dated 1.7.2002 registered under Sections 302, 148, 149, 120-B IPC, at Police Station Pehowa. He has undergone 7 years, 4 months and 23 days of his sentence including under trial period till 10.11.2010. He has already availed five times six weeks parole. He has also availed four times four weeks emergency parole and three times furlough after conviction. The parole case of the petitioner for agricultural work was initiated by Superintendent, District Jail Kaithal vide his letter Nos. 1752-53 dated 29.5.2010, as he was entitled for parole and was sent to the District Magistrate, Kaithal. The District Magistrate, Kaithal verified the facts given by the petitioner through Tehsildar Kaithal and recommended his case for releasing him on parole for agricultural operation to the Commissioner, Ambala Division, Ambala. However, parole has been declined to the petitioner by the competent authority i.e. Commissioner, Ambala Division, Ambala and the reason given for denial of parole to the petitioner is that he had recently availed four weeks house repair parole from 13.3.2010 to 11.4.2010.

(3.) It has been contended by learned counsel for the petitioner that he had availed last agricultural parole from 19.8.2009 to 1.10.2009 and that already more than one year has expired. Further contended that about seven months have expired since the petitioner returned from his earlier parole for house repair purpose.