LIAKAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed by the convict - petitioner under section 482 of the Code of Criminal Procedure, 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 referred to as the Act).

(2.) THE petitioner avers in the petition that he was convicted for the offence of murder under section 302 read with sections 148 and 149, Indian Penal Code, and was sentenced to undergo imprisonment for life by the learned Sessions Judge, Faridabad, on July 28, 1990. Since then, he has been undergoing the sentence in District Jail, Gurgaon. He says that he is an agriculturist and is in actual possession of the agricultural land which fact is apparent from the copy of the Jamabandi for the year 1987 -88, Annexure P1. He points out that though the land in the column of ownership in the above mentioned Jamabandi is shown in favour of all the members, yet the same had been partitioned through a family partition (oral) much earlier and he is in exclusive and independent possession of his particular share. He says that his father is an old man and his land is not being looked after by any other member in his absence. Hassan Mohammad, father of the petitioner has made this point clear in his affidavit filed with this petition as Annexure P2.

(3.) IT is further stated 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.