KARAN SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Present petition has been filed under Article 226 of the Constitution of India praying that the impugned order dated 20.10.2011, Annexure P-2, whereby the prayer of the petitioner for grant of parole, has been rejected, be quashed and a direction be issued to the authorities to release the petitioner from jail temporarily on agricultural parole for six weeks under Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988.

(2.) According to the petitioner, he was tried in a case arising out of FIR No.2 dated 7.1.2005, registered at PS Sadar Dari, District Bhiwani, under Section 302/34 IPC and was convicted and sentenced to undergo life imprisonment. The appeal filed by the petitioner bearing Crl. A. No.226- DB of 2007 was dismissed by this Court vide judgment dated 6.2.2009. It is further the case of the petitioner that in the month of May, 2010 he was released on parole for four weeks to carry out house repairs and three weeks furlough. The petitioner, as per undertaking furnished by him, had to surrender on 3.6.2010. The petitioner did not keep his word as he failed to surrender on the stipulated day. According to the petitioner, he overstayed and surrendered before the jail authorities on 17.6.2010.

(3.) For committing the offence of overstay, the petitioner was nominated as accused in case FIR No.224 dated 17.6.2010 registered at PS Sadar Dadri, under Section 8/9 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988. It has also been averred that the petitioner, for this misdemeanor, has been sentenced to 2 years RI. Meanwhile, since 17.6.2010, till date the petitioner has not availed of any parole/furlough, he applied for grant of parole on 5.8.2011 to undertake agricultural pursuits.