ISHWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure for quashing the order dated March 11, 2004 (Annexure P-1) passed by respondent No. 1 vide which the prayer of the petitioner for house repair parole was rejected, with a further direction to the respondents to release the petitioner on four weeks' parole under Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as 'the Act').

(2.) IT is alleged in the petition that the petitioner is undergoing imprisonment for life in District Jail, Rohtak. The Jail Superintendent recommended the case of the petitioner to respondent Nos. 1 and 3. Respondent No. 3 got an enquiry conducted through the police and made a report that the house of the petitioner did not require repairs. He, therefore, did not recommend his parole case. Respondent No. 1, on the basis of the report of respondent No. 3, passed the impugned order (Annexure P-1) rejecting the application of the petitioner for releasing him on parole holding that the District Magistrate, Rohtak, in his report has stated that house of the petitioner was in a good condition and did not require repairs. It is alleged that this order was passed without any application of mind. Mr. Kartar Singh Saini, Municipal Councillor, Ward No. 2 Rohtak, vide Annexure P-2, certified that the house of the petitioner was in a bad shape and did require repairs. He also certified that the old mother of the petitioner is residing in the house and there is no other person who may get the house repaired. He further certified that there is no apprehension of breach of public peace if the petitioner is released on parole. Hence, it is prayed that the order passed by respondent No. 1 be quashed and the petitioner may be ordered to be released on four weeks' parole for the repairs of his house under Section 3(1)(d) of the Act.

(3.) ARGUMENTS of the Ld. Counsel for the petitioner and of the Assistant Advocate General, Haryana, were heard and the documents annexed with the petition were perused.