SATPAL S/O SUBAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) SATPAL is undergoing imprisonment for life on his conviction on 17th October, 1990 and at present is detained in District Jail, Rohtak. He moved the jail authority for his release on parole for house repair and his case was daily recommended by the Superintendent District Jail. He was, however, not released on parole and his prayer was declined by the Director General of Prisons, Haryana on 30th June, 1992. The petitioner alleged that denial of house repair parole to him was arbitrary and illegal as there was no apprehension of breach of peace on his release. He availed 14 days parole in the year 1990 which he enjoyed peacefully. His conduct in jail remained good. He, thus, filed his present petitioner under section 482 of the Code of Criminal Procedure, praying for four weeks parole in accordance with the provisions of section 3(1)(d) of Haryana Good Conduct Prisoners (Temporary Release) Act, 1988.

(2.) IN the return filed by the respondent this fact was admitted that the petitioner was in custody since 26-10-1989 and his conduct in jail was good as he was never awarded any jail punishment. It was maintained that parole case of the petitioner was rejected on the recommendation of District Magistrate which was made on the basis of police report. The Superintendent Police reported that release on parole of the petitioner could endanger the public order and life of the members of the opposite party. Alongwith return copies of the reports of Police, District Magistrate, Rohtak and Additional Director General of Prisons Annexure R-1 to R-3 were attached.

(3.) AS a result, I allow this petition and direct the respondent to release the petitioner for four weeks on parole so that he may repair his house. The petitioner will furnish bail bonds to the satisfacation of District Magistrate, Rohtak.