DALIP SINGH 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 for issuance of a direction to the respondents to release the petitioner temporarily on three weeks' furlough for agricultural purposes under Section 4 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as the Act).

(2.) THE petitioner was convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment by the Sessions Judge, Hisar by judgment dated 16.1.1991 and he is undergoing sentence in Central Jail, Hisar. He applied for grant of three weeks' release on furlough under Section 4 of the Act. His case was recommended by the Superintendent, Central Jail, Hisar but the same was rejected by the District Magistrate by order dated 21.7.1994 on the ground of apprehension of breach of peace. It is stated in the petition that the petitioner has already availed parole and there was no untoward incident during his release on parole, and he surrendered before the authorities well in time; that his conduct inside the jail has always remained good and he has earned remission for 19 months for good conduct, and that the order rejecting request of the petitioner for release on furlough is quite vague in nature and without any material in support thereof. It has been further stated that there is no family member of the petitioner who can look after his agricultural land. His case has been recommended by the Sarpanch of Gram Panchayat Nadhodi (Hisar).

(3.) THUS it is not disputed by the learned State counsel that the petitioner fulfils all the necessary conditions as laid down in Section 4 of the Act for his release on furlough for a period of three weeks for agricultural purposes. The only reason being given by the authorities to reject the request of the petitioner is that there is likelihood of apprehension of breach of peace if the petitioner is released on furlough. Section 6 of the Act reads as under :-