LAWS(P&H)-2012-3-592

ASHOK KUMAR Vs. STATE OF HARYANA AND OTHERS

Decided On March 02, 2012
ASHOK KUMAR Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) Present petition has been filed under Article 226 of the Constitution of India praying that the petitioner is entitled to be temporarily released under Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 and the Rules, and the order Annexure P-1, whereby prayer of the petitioner for grant of agricultural parole has been rejected, be quashed.

(2.) Petitioner was tried in case FIR No.51 dated 10.4.1996 registered at Police Station Ding, District Sirsa, under Sections 302, 307 IPC. He was sentenced to undergo life imprisonment by the Court of Additional Sessions Judge, Sirsa. It is stated that the petitioner has already undergone 8 years and 9 months sentence till now.

(3.) A perusal of the impugned order reveals that parole (temporary release) has been denied to the petitioner on two grounds. Firstly, earlier he was released for house repair parole from 13.6.2007 to 12.7.2007, however, he did not return after the period of parole was over and overstayed for 777 days. Secondly, the land is in the name of the father of the petitioner.