DEVI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India praying for issuance of a direction to the respondents to release the petitioner on parole under Section 3(1)(d) of the Haryana Good Conduct Prisoners Temporary (Release) Act, 1988 (hereinafter referred to as 'the Act').

(2.) The case of the petitioner is that he was sentenced to undergo five years rigorous imprisonment on 1-10-1992 by the Court of competent jurisdiction. The petitioner has been in jail for nearly three years back. The case of the petitioner was initiated and recommended by respondent No. 3 in this petition for grant of parole as the petitioner desired to carry out certain urgent repairs in the dwelling house situated in his native village Chadiwal, Tehsil and District Sirsa. However, the request for his parole was rejected by respondent No. 1 on 3-8-1994.

(3.) In the reply, it is stated on behalf of the State that the District Magistrate, Sirsa vide its order dated 28-3-1994 has declined the request of the petitioner for his release on parole. The reason given in the order dated 28-3-1994 is that the convict is undergoing sentence under T.A.D.A. and, therefore, his case cannot be recommended for his release on parole. In furtherance of this order, Chief Probation Officer vide his order dated 3-5-1994 informed the Superintendent Jail that on the report of the District Magistrate, Sirsa, the Additional Director General of Prisons Haryana, Chandigarh has rejected the parole release case of the convict.