RAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Cr. P.C. for issuing a direction to the respondents to release the petitioner on personal bond or on furnishing necessary bond to the satisfaction of the Chief Judicial Magistrate, Kaithal.

(2.) The facts in brief are that the petitioner who is a convict under Section 302, Indian Penal Code, and is undergoing sentence in Central Jail, Ambala had applied for parole for the repair of his damaged house by filing Cr. Misc. No. 15000-M of 1994. The request was opposed by the State on the ground that the District Magistrate, Muzaffar Nagar (U.P.) did not recommend the release of the petitioner. It was noticed that earlier thereto the petitioner was allowed six weeks' parole in Crl. Misc. No. 13408-M of 1994 by order dated March 1, 1994 and he did not misconduct during the said period. Accordingly a Bench of this Court by order dated 8-12-1994 accepted the petition and issued a direction to the respondents to reconsider the case of the petitioner to release on parole ignoring the recommendation of the Deputy Commissioner, Muzaffar Nagar (U.P.) and to take a decision within 2 months from the date a copy of the order was supplied, failing which the petitioner was to be released on parole to the satisfaction of the District Magistrate, Ambala for the said period.

(3.) In view of the orders dated 8-12-1994 passed by this Court the petitioner approached the District Magistrate, Ambala, for his release on parole as directed by this Court but the District Magistrate, Ambala demanded two sureties of Rs. 5,00,000/- each for the release of the petitioner on parole. Feeling aggrieved the petitioner has filed the present petition with a prayer that he may be released on parole on his personal bond or may be allowed to be released on furnishing necessary bond to the satisfaction of the Chief Judicial Magistrate, Kaithal.