RAGHU Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioner, namely, Raghu, who stands convicted in FIR No. 106 dated 21.3.2011 registered at Police Station, Sector-10, Gurgaon under Sections 364/302/201 read with Section 34 IPC and sentenced to undergo life imprisonment, has filed the present petition under Article 226 of the Constitution of India read with Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 seeking setting aside of the order dated 25.2.2015 (Annexure P-1) passed by the Commissioner, Gurgaon Division, Gurgaon. Vide impugned order, the Commissioner rejected the application filed by the petitioner for release on parole on the ground that as per the report of the District Magistrate, Agra, there was no need of repair of the house of the petitioner.

(2.) According to the petitioner, he is the only son of his parents. He has two sisters, who are already married. There is none in his family excepting him to look after his parents. On 25.11.2014, the petitioner submitted an application before the Jail Superintendent for being released on parole in connection with repair of his house. The said application was sent to the District Magistrate, Agra for verification, who reported that no member of the family of the petitioner was residing in his village and on seeing the house of the petitioner which was found locked, it appeared that the house did not need any repairs. Copy of the report submitted by the District Magistrate, Agra has been appended with the petition as Annexure P-2. The petitioner submits that the Gram Panchayat of his village has verified the fact that the petitioner owns a house in the village. In this regard, he has placed reliance upon the verification report (Annexure P-3). Pleading that it is for the petitioner to decide as to whether his house needs repair or not and the report (Annexure P-2) of the District Magistrate, Agra cannot be made the basis to decline the request of the petitioner for his release on parole, the petitioner has prayed for setting aside the impugned order (Annexure P-1) passed by the Commissioner, Gurgaon Division, Gurgaon rejecting his application for his release on parole.

(3.) Upon notice, the respondents put in appearance. Reply was filed by way of affidavit of the Superintendent, District Jail, Gurgaon wherein it was stated that on 23.11.2014, the petitioner submitted application for release on parole for four weeks for house repair. His case was sent with recommendation to the District Magistrate, Agra for reporting directly to the Commissioner, Gurgaon Division, Gurgaon for consideration and to intimate the Jail Superintendent, Gurgaon. On 25.2.2015, the parole case of the petitioner was rejected by the Commissioner, Gurgaon Division, Gurgaon, which order was conveyed to the petitioner. The said order was passed in view of the report of the District Magistrate, Agra.