HARI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) HARI Singh petitioner by means of this petition under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India seeks six weeks agricultural parole.

(2.) THE petitioner was convicted and sentenced to life imprisonment for an offence under Section 302 of the Indian Penal Code by the Sessions Judge, Rohtak, vide judgment dated 28th November, 1991. He claims to have remained an under trial from 1st November, 1988 and not enjoyed any parole and further that he has not committed any jail offence and he may be released on parole for agricultural purpose.

(3.) INSTRUCTIONS Annexures R-1 and R-2 are relied upon. After hearing the counsel, I am of the view that the instructions are in consonance with the spirit of the Act. The petitioner became convict only with effect from 28th November, 1991 i.e. date of his conviction. He will be entitled to claim concession only after he has undergone some period of imprisonment, which the State has rightly fixed as one year.