SAT PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Sat Pal, who was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act 1985 by the Additional Sessions Judge, Fatehabad, vide his judgment dated 18.8.2000 and sentenced to undergo rigorous imprisonment for ten years along with fine, is undergoing imprisonment in Central Jail, Hisar, He has, filed this petition praying for quashing of order dated 21.11.2001 (Annexure P-1) passed by the Director General of Prisons, Haryana, whereby his request for grant of parole for house repairs made under Section 3(1) (d) of the Haryana Good Conduct Prisoners (temporary Release) Act 1988 (hereinafter referred to as 'the Act') was rejected. He has further prayed that a direction may be issued to the respondents to release him on four weeks parole for carrying out repairs of his house.

(2.) In pursuance of the notice of motion issued to the respondents, a detailed reply has been filed by the Superintendent, Central Jail, Hisar (respondent No. 3). It has been stated therein that the petitioner had earlier preferred Criminal Miscellaneous No. 15263- M of 2001 in this Court in which a reply was filed on behalf of the respondents stating that house of the petitioner did not require repairs and that the District Magistrate had not recommended the case of the petitioner. Considering the report of the district Magistrate Criminal Miscellaneous No. 15263-M of 2001 was dismissed by this Court as per order dated 17.7.2001.

(3.) Learned counsel for the petitioner has not disputed the factual position. At the same time, he has urged that house of the petitioner is in a dilapidated condition and needs immediate repairs and that the same cannot be carried out by the wife, minor children, or brothers of the petitioner. In this regard counsel for the petitioner has placed reliance on the application (Annexure P-3) made by the wife of the petitioner to the Superintendent, Central Jail, Hisar.