BALWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BALWAN Singh has moved this petition under Article 226 of the Constitution of India read with section 482, Code of Criminal Procedure for the issuance of a direction for his release on parole for 6 weeks.

(2.) THE petitioner pleads that he was undergoing life imprisonment for an offence under 302 of the Indian Penal Code under the orders dated 18-5-1982, passed by the Sessions Judge, Hissar. At the time of filing this petition, he had undergone 7 years 11 months 25 days (inclusive of actual sentence, remissions and undertrial period). His mother has since died. He has his old father and his wife at his native village, but there is no able bodied person to look after his land. Even his house has fallen down due to rains and the same needs repairs. He applied for parole which was recommended, but the same was rejected on the ground that the local Police had reported that if he was released, there would be danger to the law and order situation in the area. His previous application in this regard had also been rejected.

(3.) THE murder was admittedly committed in the State of Hry. and the petitioner is to go to his village situated in the State of Punjab, in district Bathinda. Admittedly, the petitioner has maintained satisfactory conduct inside the jail. The jail authorities have placed on record Annexure R-2 dated 28-9-1987, the order of rejection of his application. The relevant portion thereof reads as under :-