DAYA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Section 482 of Code of Criminal Procedure read with Articles 226/227 of the Constitution of India for a direction to the respondents to release the petitioner on parole for a period of six weeks for agricultural purposes under the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as the Act).

(2.) The petitioner is undergoing life imprisonment in District Jail, Mohindergarh. He owns about five acres of agricultural land in village Nunikalan which is possessed by him and is in his self cultivation. He had been released on parole for four times during the period from 4.5.1992 to 6.5.1994. He was released on furlough from 9.5.1995 to 24.5.1995. Now he has applied for his release on parole for agricultural purposes vide his application dated 22.11.1995 which request has been turned down by order dated 15.2.1996 (annexure P.3-T) on the ground that the petitioner was released on furlough in May 1995 and there was no justification to release him on parole within a short period. Hence this petition.

(3.) Notice was given to the respondent-State. The factual position is not being disputed. It has been pointed out by Shri Raman Gaur the learned counsel for the State of Haryana that the petitioner was released on furlough for the period from 9.5.1995 to 24.5.1995 and then he applied for parole on 26.6.1995 which request was turned down vide order dated 4.8.1995 has been further pointed out by the learned counsel that the petitioner filed Criminal Misc. No. 781-M of 1996 in this Court which was dismissed as withdrawn since the request of the petitioner made in November, 1995 had also been rejected by the impugned order dated 15.2.1996. It is thus pointed out that within a short time the petitioner cannot be granted parole.