RAMESH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. for directing the respondents to release Ramesh Singh petitioner for six weeks on parole in accordance with Section 3 of the Haryana Good Conduct Prisoners (Temporary) Release Act, 1988 in order to enable him to do the agricultural work.

(2.) It is averred in the petition that the petitioner is undergoing life imprisonment having been convicted in case FIR No.84 dated 17.3.2003 under Section 302 IPC of Police Station Bilaspur. He has maintained good conduct in the jail. His case for grant of parole was initiated by the Jail Authorities. The same was rejected vide impugned order dated 11.11.2005 (Annexure P-1) on the ground that there is an apprehension of the breach of peace if he comes in the village and also on the ground that there is no land in the name of the petitioner in the village. It is also mentioned in the impugned order that the father of the petitioner does agricultural work and the mother and wife of the petitioner are there to assist him. The impugned order is illegal. Parole could not be denied to the petitioner. The Panchayat had certified that the petitioner is permanent resident of village Bahora Kalan. His parents are old, who are unable to do agricultural work and that there was no apprehension of breach of peace if the petitioner was released on parole. Despite this, the petitioner was denied the grant of parole. It is prayed that the impugned order denying the release of the petitioner on parole be set aside and the petitioner be released on parole for a period of six weeks.

(3.) Notice of this petition was given to the respondents. The Superintendent, District Jail, Gurgaon has filed reply on behalf of the respondents. Arguments of the Ld. Counsel for the petitioner and of the Assistant Advocate General, Haryana were heard and the documents place on the file have been perused.