NARENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India praying for quashing of impugned order dated 07.10.2010, Annexure P2 passed by Respondent No. 1 vide which request of Petitioner for grant of parole for agricultural operations under Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for short the 'Act') has been rejected.

(2.) I have heard learned Counsel for the parties and have gone through the whole record. Briefly stated, Petitioner is undergoing imprisonment for life in FIR No. 145 dated 07.10.2003, under Sections 302/201/34 IPC, Police Station Bilaspur, District Yamuna Nagar as appeal filed by him against judgment of conviction passed by court of Sessions was dismissed by this Court. On 25.07.2010, Petitioner made a request to Respondent No. 2 i.e. Superintendent, Central Jail, Ambala for grant of parole for agricultural operations. Request of Petitioner was duly recommended by Respondent No. 2 as he was entitled as per the Act and the rules for parole for agricultural operations. Petitioner has also annexed copy of Jamabandi for the year 2002-2003 as Annexure P-1. Even District Magistrate, Yamuna Nagar recommended the case of Petitioner for his release on parole after getting the matter verified. After receipt of report from Respondent No. 3 i.e. District Magistrate, Yamuna Nagar Respondent No. 1, who is competent authority to grant parole under the Act and the rules rejected the same on the ground that he had recently availed four weeks parole w.e.f. 26.05.2010 to 26.06.2010.

(3.) A convict is entitled for parole for agricultural operations under Section 3 of the Act, which reads as under: