MOHINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) MOHINDER , petitioner has challenged in this petition order bearing No. 20289 O.1./O.6 dated 25.6.2002 of the Director General of Prisons, Haryana, Chandigarh communicated to the Superintendent, District Jail, Gurgaon whereby his prayer for agricultural parole had been rejected.

(2.) MOHINDER , petitioner is undergoing life imprisonment in pursuant to the judgment dated 25.3.2002 in case bearing FIR No. 170 of 1996 registered under Sections 323 and 302 I.P.C. with Police Station, Tavru. He is presently confined in District Jail, Gurgaon. The petitioner had submitted application to the Jail authorities for being released on agricultural parole on the ground that his parents being old, the land of his father need cultivation and there being no other source of income of livelihood of his family and parents, he had to look after the cultivation of the land. It was also stated by him that his two brothers were married and living separately. They were gainfully employed as a teacher and in a company respectively and did not do agricultural work. The third brother was minor and was studying in school. Thus, it was prayed that circumstances warranted that he be released on agricultural parole to cultivate the land of his father. In support of the stand taken report of the Panchayat (Annexure P-2) had also been placed on record besides the copies of Jamabandi and Khasra Girdwari for the years 1996-97 and 2001, the extracts of which are placed on record as Annexures P-3 and P-4 respectively, wherein land measuring 18 kanals 6 marlas have been shown under the self-cultivation of Raghbir son of Amar Singh, who is father of the present petitioner. The land is located in village Khori Khurd, Tehsil Nuh, District Gurgaon.

(3.) I heard counsel for the petitioner and State counsel at length.