BAJRANG LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition filed under Sec. 482 of the Code of Criminal Procedure, 1973 read with Articles 226/227 of the Constitution of India, prays for setting aside the order dated 22.8.2003 Annexure P-1, passed by the Director General of Prisons, Haryana, rejecting the prayer of the petitioner for his release on house repair parole on the ground that the District Magistrate Sikkar, Rajasthan has not recommended his case for release.

(2.) Notice of motion was issued and the State has filed reply reiterating the stand taken in the order Annexure P-1. The report of the District Magistrate, Sikkar dated 31.7.2003 has also been placed on record which states that the convict-petitioner has two sons and they are studying in Class 10th and Class 11th. It has further been mentioned that he has one brother also. The condition of the house of convict has also been mentioned to be in good condition requiring no repairs.

(3.) Having heard the learned counsel for the parties, I am of the considered view that this petition deserves to be accepted because according to Sec. 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, the convict-petitioner can be released on parole for the repair of house. It is not for the authorities to determine, whether the house requires any repair or not. In support of the aforementioned view, reliance has been placed on a judgment of this Court in Bhoop Singh Vs. State of Haryana, 2002(2) RCC 461.