RAJESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Rajesh Kumar is undergoing life imprisonment under Section 302 of Indian Penal Code. He has applied for parole for four weeks for house repairs under Section 3(1)(d) of Haryana Good Conduct Prisoners (Temporary Release) Act, 1983. The case of the petitioner was supported by the Municipal Commissioner of Bhiwani who has vide certificate, a copy of which is Annexure P1, certified that the condition of the house of the petitioner is very deplorable and the same may collapse at any time during rainy season and that it requires urgent repairs. The original certificate is also enclosed as Annexure P1 which is the English copy.

(2.) NOTICE of this petition was issued to the State. The respondent filed affidavit of Sh. R.S. Sanga, Superintendent, District Jail, Bhiwani who has opposed the release on the ground that the District Magistrate, Bhiwani had not approved and recommended for the release on parole of the petitioner on the ground that in case the petitioner is released on parole then the law and order situation can be adversely affected. The contention of the learned counsel for the petitioner is that this Court has held in several cases that the ground for refusing the parole as the adverse situation of law and order, consequent upon the release on parole of the convict, is not a valid and proper ground and the same should not be taken into consideration. He has cited the authority reported in the case of Bhana Ram v. State of Haryana, 1991(2) RecentCR 497. In that case also the District Magistrate was of the opinion that the release of the petitioner can endanger the maintenance of public peace. It was held that under the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 there are sufficient provisions for ensuring good conduct of the convict during the period of parole.