GULAB SINGH Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) Notice. Mr. N.S. Bhinder, DA, Haryana accepts notice.

(2.) The present petition is under Section 482 of the Code of Criminal Procedure with a prayer that the respondents be directed to consider the case of the petitioner for release on parole because of the floods which affected the house of the petitioner. The petitioner submits that on 21.9.1995 he had made a request to the respondents and his case was forwarded for consideration for release on parole. Vide letter dated 28.5.1996 the Deputy Commissioner, Bhiwani, had recommended the case of the petitioner for release on parole and he had also recorded in his letter that the Superintendent of Police had no objection if the petitioner was granted parole as prayed. However, the competent authority till today has neither rejected or accepted the said request of the petitioner.

(3.) These benefits which are available to the detenus have some meaning and force behind them. They are to be declined or granted keeping in view the facts and circumstances of each case. Exigencies of a given situation is of definite consideration and consequence while considering such cases. One cannot see any reason why the respondents should not dispose of the request of the detenu especially when the same is recommended by the concerned authorities in favour of the petitioner.