JAG MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Jag Mohinder Singh son of Satbir Singh is undergoing imprisonment for life in District Jail, Karnal. He was sentenced by the learned Additional Sessions Judge, Panipat on 16.4.1993 and was an undertrial prisoner since 19.3.1989. He seeks temporarily parole under the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter described as 'the Act') for agricultural purpose. He asserted that his father is not in a position to look after the fields.

(2.) NOTICE of the application had been issued to the State of Haryana. It contests the application pleading inter alia that concession of parole is not a right. The petitioner applied for temporary release on parole on 12.10.1994. His parole case was sent to District Magistrate, Panipat for verification. The District Magistrate, Panipat did not recommend the release of the petitioner on parole because there is an apprehension of breach of peace in the village. Consequently, the request of the petitioner was rejected. I have heard the parties' counsel and seen the relevant record.

(3.) IT in clear terms prescribes and restricts the powers to release a prisoner on parole. No prisoner would be entitled to be released on temporarily parole if on the report of the District Magistrate, the State Government is satisfied that the release is likely to endanger the security of State or maintenance of public order.