AJIT SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 of the Constitution of India for grant of agricultural parole to the petitioner. It is pleaded in the writ petition that the petitioner was arrested in case arising out of FIR No. 365 dated 18.11.1991, registered at Police Station Ghanaur, District Sonepat, under Sections 304 Part-II, 323 and 325 IPC. He was convicted and sentenced to undergo rigorous imprisonment for a period of seven years. The appeal, filed by the petitioner, has already been decided. It is further averred that father of the petitioner had about 19 acres of agricultural land, out of which 4 acres has fallen to his share and there is no male member in his family to look after the same.

(2.) Jai Kishan Chhillar, Superintendent, District Jail, Sonepat, has filed reply on behalf of the respondents, wherein it is stated that the Senior Superintendent of Police, Sonepat, has not recommended parole case of the petitioner on the ground that there might be danger to the public peace and security of the State and that land of the petitioner has been looked after by his wife Santro, daughter Renu aged 16/17 years and son Monu aged 14 years.

(3.) It is apparent that son of the petitioner is minor. This Court, on a number of times, has considered as to whether denial of parole, on the ground that it may cause danger to the public peace and security of the State, is a valid ground or not. No material has been placed on record to show as to how grant of parole to the petitioner shall be a danger to the public peace and security of the State. In a celebrated judgment, rendered by Hon'ble the Apex Court in Joginder Singh v. State of Punjab, 1988 2 RCR(Cri) 548, what is security to the State and danger to the public peace was considered and His Lordship held as under:-