LAWS(P&H)-1992-5-89

BALBIR SINGH Vs. INSPECTOR GENERAL OF PRISONS, HARYANA

Decided On May 29, 1992
BALBIR SINGH Appellant
V/S
Inspector General Of Prisons, Haryana Respondents

JUDGEMENT

(1.) BALBIR Singh, detenu - petitioner, who has been under going life imprisonment, since 18 -11 -90, has moved this criminal miscellaneous under Section 482 Cr. P.C. read with Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, for the issue of a direction for his release on agricultural parole. The petitioner has averred that he has minor children and is the bread - earner of the family and that he should be released on parole to carry out agricultural pur -suits. He had moved the Jail Authorities and his case was recommended, but the same has been rejected by the respondent - authorities.

(2.) IN the return filed, it has been averred that on the basis of the report of the District Authorities, there was an apprehension of breach of peace in the village and as such, he is not to be released on parole.

(3.) NO documents have been placed before me to justify the conclusion arrived at by the Supdt. of Police. Faridabad on the basis of whose report, the District Magistrate has declined the request for release on parole. The mere apprehension of breach of peace is no ground for refusing the concession of parole. The Act provides sufficient safeguards against the convicts, committing acts of violence while on parole. The provisions of release on parole have been introduced so as to ensure that the convict during the period of his sentence, comes back to the society, for socialisation and after completion of sentence he comes out as a good citizen. The concession of parole should not be refused on the mere apprehension of breach of peace in the village. I hereby allow the criminal miscellaneous and direct the authorities to release the petitioner on six -week's parole, on his furnishing bonds to the satisfaction of the District Magistrate, Faridabad. With this direction, the criminal miscellaneous stands disposed of. Petition allowed.