ISLAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed by the petitioner under Section 482 of the Code of Criminal Procedure praying therein for grant of parole for agricultural purposes for six weeks under Section 3 (1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter called the Haryana Act.)

(2.) IT is averred in the petition that the petitioner was convicted for the offence of murder under Section 302 read with Sections 148 and 149 of the Indian Penal Code, and was sentenced to undergo imprisonment for life by the Sessions Judge Faridabad on 28.7.1990. Since then, he has been undergoing life imprisonment in District Jail, Gurgaon. He states in the petition that he is an agriculturist and is in actual possession of the agricultural land which is shown in the copy of Jamabandi for the year 1987 -88 annexed with the petition as Annexure P -1. He goes on to say that though the land in the column of ownership in the abovesaid Jamabandi is shown in favour of all the members, yet the same had been partitioned thorough a family partition (oral) long time back and he is in exclusive and independent possession of his particular share. The father of the petitioner, according to him, is an old man and his land is not being looked after by anyone else in his absence. To this effect the father of the petitioner, Kabira had filed an affidavit, which is annexed with this petition as Annexure P -2.

(3.) IT is further alleged in the petition that the petitioner maintained good conduct inside the jail throughout and no punishment or any warning had ever been awarded to him.