RAKESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present criminal writ petition has been filed under Article 226 of Constitution of India for issuance of any appropriate writ directing the respondents to reconsider the case of the petitioner for grant of agro -parole to cultivate agro -land jointly held with his father aged about 65 years, under Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (in short 'Act') subject to the satisfaction of District Magistrate, Jhajjar.

(2.) THE petitioner was convicted in case FIR No. 282 dated 11.08.1997, under Section 302/ 34 of Indian Penal Code, Police Station Sadar Bahadurgarh and was sentenced to undergo life imprisonment. His appeal against conviction has also been dismissed by this Court. The Superintendent District Jail, Jhajjar has recommended the agro -parole case of the petitioner. But, the same was declined by the Commissioner, Rohtak Division, Rohtak on the ground that the case of the petitioner falls under the category of the "Hardcore Prisoner" without passing any speaking order. It is pleaded that the petitioner does not fall under the category of hardcore prisoner. Moreover, as per the provisions of the Act, the petitioner is entitled for agro -parole for six weeks in a year. The provisions of the amended Act are not applicable retrospectively.

(3.) PETITIONER 's father has sufficient agriculture land in his name for cultivation. The case of the petitioner is also supported by the Sarpanch and Panches of Gram Panchayt of Nuna Majra (Jhajjar). Hence this petition.