TARJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition under section 82 of the Code of Criminal Procedure, the convict petitioner has sought directions from this Court to release him temporarily on agricultural parole for six weeks under section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for short, the Act).

(2.) AS stated in the petition, the convict petitioner was convicted and sentenced to undergo life imprisonment by the Sessions Judge, Hisar, on December 2, 1990 though he is in jail since the day of his arrest and has undergone five years actual sentence after conviction as well as during the trial. It is further stated therein that earlier the petitioner availed of three emergency paroles peacefully, but since the date of his conviction, i.e. December 21, 1990, he has not availed or any parole. He states in the petition that his conduct both inside the jail as outside while he was on parole, remained good and satisfactory. It is also stated in the petition that he left behind at home his wife and two minor children and there is no other adult male member in his family who could look after his agricultural land. The family of the petitioner is passing through difficult days as there is no other source of income to his family except agricultural produce.

(3.) WRITTEN statement has been filed by Raj Singh, Superintendent, Central Jail, Hisar, on behalf of respondents 1 and 2. The averments made by the petitioner regarding his good conduct inside the jail as well as outside have not been denied in the written statement. It has been stated in para 4 of the written statement that the District Magistrate, Hisar after making enquiry through the Police Department did not recommend the parole release case of the petitioner due to an apprehension of breach of public peace. It is further stated in reply to Para 4 of the petition that on the report of the District Magistrate, Hisar, the Additional Director General of Prisons, Haryana, Chandigarh had rejected the parole release case of the petitioner vide No. 9489-GI/G-5/R9-2/T-15, dated May 21, 1991. In reply to para 6 of the petition, it is stated in the written statement that the certificate the Gram Panchayat attached with the petition as Annexure P2, has no value in the eye of law being not a copy of any resolution passed by the village Panchayat.