VAJEER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under section 482 of the Criminal Procedure Code for release of the petitioner in connection with agricultural pursuits under the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter called the Act). The petitioner has stated in his petition that he fulfills all the requisite conditions for his release under section 3(1)(c) of the Act. He has further stated that throughout his jail period he has earned remissions and good conduct. Once, when he was released for seven days on emergency parole also he maintained good conduct outside jail throughout and he surrendered in time and there was no complaint whatsoever against his conduct. His family, it is stated in the petition, consists of only two children, one boy and one girl. The agriculture is his main source of income and his father being an old man is unable to do agriculture work in the fields. His other brother Ram Phul who was released on agriculture parole has already surrendered in jail on 19.2.1992. The agriculture parole case of the petitioner has been negatived by the authorities by saying that if released on parole, there would be danger to peace. This is no ground to deny the concession of agriculture parole under the Act to the petitioner particularly in view of the catena of authorities of this Court, a few of which are Jaswant Singh v. State of Haryana, 1990(2) CCC 48 and Ram Kumar v. State of Haryana, 1991(1) CCC 449. The learned counsel for the State is not in a position to cite any authority to the contrary.

(2.) IN view of my observations stated above, I direct the respondent to release the petitioner under section 3(1)(c) of the Act for doing agriculture operations for a period of six weeks to the satisfaction of District Magistrate, Jind on his furnishing the requisite bonds etc. as provided under law. The petition stands disposed of accordingly. Petition disposed of.