BIJENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this petition is to the order bearing No. 4721 G.I./G.5 dated 11-2-2002 of the Director General of Prisons, Haryana, Chandigarh, communicated by the Superintendent, District Jail, Sonepat to the petitioner whereby his prayer for agricultural parole had been rejected.

(2.) Bijender, petitioner is undergoing life sentence in pursuance to the judgment dated 19-7-2001 and is presently confined in District Jail, Sonepat. He had moved the authorities for being released on agricultural parole in order to help his father in cultivation of his land. It was also stated by him that father of the petitioner was also undergoing life imprisonment and is confined in District Jail, sonepat. The Gram Panchayat of Village Mandlana, Tehsil Gohana had also supported the case of the petitioner because he and his father were dependent for their livelihood on agriculture. The certificate issued by the Gram Panchayat (Annexure-P. 2) has been placed on record in support of the stand taken by him besides the extract of the Jamabandi for the year 1996-97 which indicates that Hari Singh son of Partap Singh is a co-sharer in the land jointly owned by him and his brother as well as other persons named therein.

(3.) In pursuance to the notice given to the respondents, written reply has been filed by Hawa Singh Hooda, Superintendent, District Jail, Sone pat on behalf of the respondents. While opposing the stand of the petitioner it has been stated therein that the agricultural parole case of the petitioner was forwarded to the District Magistrate, Sonepat, who found that the petitioner did not own agricultural land and for that reason his case was not recommended by him. Taking into consideration the said report, the prayer made by the petitioner was rejected vide communication Annexure-P.1 which was fully justified under the circumstances of the case.