JOGINDER Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Joginder -- a life convict has filed the instant criminal writ petition under Article 226 of the Constitution of India read with Section 3 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, for grant of agricultural parole. His request for agricultural parole has been rejected by Commissioner, Rohtak Division, Rohtak -- respondent no.2, vide order dated 23.05.2011 (Annexure P-2), necessitating the filing of instant criminal writ petition.

(2.) I have heard learned counsel for the petitioner and perused the case file.

(3.) Perusal of the Custody Certificate (Annexure P-1) reveals that in addition to sentence of life imprisonment in murder case, in which parole is sought, the petitioner has also been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.7,000/- in FIR under Sections 395, 397 and 506 of the Indian Penal Code (in short -- IPC) and also convicted and sentenced to undergo imprisonment for five years and to pay fine of Rs.3,000/- in FIR under Sections 148, 149, 412 and 307 IPC and the Arms Act. Besides it, he has been acquitted in a case under the Arms Act, but convicted in another case under Sections 323 and 324 read with Section 34 IPC and sentenced to the period already undergone in custody. It is thus apparent that besides murder case, the petitioner is convict in three other cases including cases for commission of very serious offences.