VIJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. read with Section 226 of the Constitution of India on behalf of Vijay Kumar petitioner for issuing a direction to the respondents to release him on parole enabling him to repair his house in accordance with his entitlement under Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988.

(2.) THE case of the petitioner is that his case for house repair was recommended by the jail authorities but was rejected by the District Magistrate on the ground that the petitioner did not possess any house but only a hut which required no repair. On the other hand, Municipal Corporation NIT, Faridabad, had recommended that the petitioner has a house in Tilak Nagar, Faridabad and the same requires repairs as the roof and the walls of the same were in dilapidated condition. Even if the house did not require any repair, it is for the petitioner to see as to how to manage it and District Magistrate was not justified in disallowing the parole on this ground that the house did not require any repair.