RAM KALAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed by the petitioner under Section 48 of the Code of Criminal Procedure, praying for issuance of directions to the respondents to release him temporarily on furlough for two weeks under Section 4 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter called the Act).

(2.) IT is stated in the petition that the petitioner was convicted and sentenced to undergo imprisonment for life by the Session Judge, Hissar, on May 1, 1985 though he is in jail since the day of his arrest and has undergone more than seven years actual sentence. He claims to have availed of seven paroles and furlough on several occasions peacefully and his conduct inside the jail as well as outside while on parole/furlough had remained good and satisfactory.

(3.) WRITTEN statement has been filed by Raj Singh, Superintendent, Central Jail, Hissar, 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, however, been stated in reply to Para 3 of the petition that the District Magistrate, Hissar, after making enquiry through the Police Department, did not recommend the furlough release case of the petitioner due to an apprehension of breach of public peace and on the basis of the report of the District Magistrate, the Additional Director General of Prisons, Haryana, Chandigarh rejected the furlough release case of the petitioner vide No. 8392-Gl-G-5/R-9 2/R 572 dated May 1, 1992. In reply to para 6 of the petition, it is submitted in the written statement, that the recommendations of the Municipal Commissioner, Hissar, attached with the petition as Annexure P2, have no value in the eye of law, being not a copy of any resolution having been passed in the matter.