JASWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) LASWINDER Singh, petitioner, has moved this petition under section 482 of the Code of Criminal Procedure, 1973, for the grant of agriculture parole to the petitioner under section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (here inafter referred to as "the Act'). According to the petitioner he is undergoing imprisonment after he was convicted and sentenced by Sessions Judge, Kamal on 19.9.1991. Case for grant of parole was initiated on 11.11.1992 but the same was rejected by the District Magistrate, Sangrur, on the basis of the police report. Earlier the petitioner used to live with his parents in V.P. but afterwards elder brother of his father, namely Amar Singh adopted him and treats him as his son, as he has only four daughters. Along with the petition, copy of jamabandi has been filed which shows that Amar Singh is the owner of about five kill as of land in village Jaswant Pure @ Hotipur in District Sangrur. The affidavit filed by Amar Singh (annexure pol) is to the effect that he has adopted Jaswinder Singh because he has no son and has four daughters.

(2.) IN reply, it was pleaded that the parole case of the petitioner was rejected on the basis of adverse report of the District Administration. In copy of the order of the Add1. Director General of Prisons, Haryana, Manimajra to the Superintendent, District Jail, Karnal, it is specifically mentioned that according to the report of the District Magistrate, Sangrur, release on parole of Jaswinder Singh would endanger public peace and order, and due to this reason District Magistrate, Sangror, has not recommended the release of the petitioner on parole. Neither the report of the District Magistrate has been placed on the file nor, there is any other material on the record from which it can be reasonably inferred that there was any cogent basis for the District Magistrate, Sangrur to hold that the grant of parole to the petitioner would endanger public peace. Request of the petitioner for grant of parolchas been wrongly rejected by the Add1. Director General of Prisons, Haryana, and the said order cannot be legally sustained.

(3.) FOR the foregoing reasons, the petitioner Jaswinder Singh is directed to be released on parole under section 3(1)(e) of the Act, for a period of six weeks, subject to his furnishing personal bond in the sum of Rs. 5000/ - with one surety of the like amount to the satisfaction of the District Magistrate, Karnal, undertaking to keep peace during the said period and to appear before the Jail Authorities after the expiry of the parole period. This petition is accordingly allowed. Petition allowed.