BHOOP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Bhoop Singh, petitioner, who is presently confined in Central Jail, Hisar seeks direction in this petition against the respondents for grant of parole for house repair for a period of four weeks under Section 3(1) (d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 . (hereinafter referred to as the Act).

(2.) The petitioner has been undergoing imprisonment for 10 years in Central Jail, Hisar after having been convicted and sentenced under Sections 363, 366, 376 and 120-B of the Indian Penal Code on 31.7.2001. He remained under trial prisoner from 15.12.1999 to 30.7.2001. Maya Devi, mother of the petitioner, resident of village and Post Office Sishwal, Tehsil Adampur, District Hisar had moved application to the Superintendent Central Jail, Hisar stating therein that she is an old lady and there is no one to get the house repaired and accordingly she had prayed that the petitioner be released on parole for house repair. On the request of the petitioner, the case was initiated on 22.8.2001 by the Superindent, Central Jail, Hisar and a reference was made to the competent authority vide dispatch No. 16640-41 but so far no decision has been taken.

(3.) In pursuance to the notice to the respondents written reply has been filed by Jagjit Singh, Superintendent, Central Jail, Hisar on behalf of the respondents, wherein it has been pleaded by him that the District Magistrate, Hisar, after getting report of the Superintendent of Police. Hisar had verified that the house of the prisoner is in good condition. Taking into consideration this report, District Magistrate, Hisar communicated to the Director General of Prisons, Haryana Chandigarh, respondent No. 1, vide annexure - R.1 that the reasons for seeking parole by the petitioner are not substantiated and for that reason his release on Parole was not being recommended. Taking into consideration, the above report of the District Magistrate, Hisar, the Director General of Prisons, Haryana, being the competent authority, rejected the prayer of the petitioner.