TEJ RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) TEJ Ram, petitioner has invoked the jurisdiction of this Court seeking direction to the respondents to release him on parole for a period of four weeks so as to enable him to carry out necessary repairs to his damaged house situated in village Kheri Khumar, District Jhajjar under Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as 'the Act').

(2.) THE petitioner sentenced in case bearing FIR No. 115 dated 15.6.1995 registered under Sections 307, 326 324, 325 read with Section 34 of the Indian Penal Code for ten years. While applying for parole to carry out house repairs, it has been stated by the petitioner that he has five brothers and two married sons who have been living separately from him and his aged wife is living in the damaged house. He claimed that during the period in Jail his conduct has been good and there has not been any complaint against him. The Superintendent, District Jail, Rohtak made recommendation to the Director General of Prisons, Haryana. The report of the District Magistrate, Jhajjar was obtained who did not recommend the release of the petitioner on parole for house repair primarily for the reason that his sons, who are married, are capable of getting the house repaired. In view of the recommendation made by the District Magistrate, the application of the petitioner was rejected as per communicated dated 31.12.2001 by the Director General of Prisons, Haryana, who has been arrayed as respondent No. 2 in the present petition. It is under these circumstances, the present petition has been filed.

(3.) UNDER Section 3(1)(d) of the Act, the State Government, in consultation with the District Magistrate or other officer appointed in this behalf by notification in the official gazetted and subject to such conditions and in such manner as may be prescribed, is empowered to release from the prison temporarily a person for a period specified in sub-section (2) of Section 3 of the Act.