HET RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) HET Ram son of Dallu Raim, life convict for an offence under Section 302, Indian Penal Code, presently confined in District Jail, Sirsa, has filed the present petition under Articles 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for issuance of appropriate writ, order or director for his temporary release on parole under Section 3 of the Haryana Good Conduct prisoners (Temporary Release) Act, 1988 (hereinafter referred to as 'the Act').

(2.) ACCORDINGLY to the averments in the petition, he has already undergone sentence of more than three Years and his conduct during this period inside the jail has been good. It is alleged that the residential house of the petitioner is in poor condition and requires extensive repairs. It is also alleged that his wife is ailing from a serious disease and requires immediate attention. An application for his release on emergency parole was made but the same was rejected by the respondents on 7.12.1995. The case of the petitioner for his temporary release on parole for house repair is also under consideration but an adverse report has been received from the District Magistrate, Sirsa. It has been alleged that there is no just and proper ground to refuse parole to the petitioner and his case is being rejected on improper grounds.

(3.) ON a notice of motion the respondents have opposed the request of the petitioner. The main ground for opposition is that the release of the petitioner on parole would endanger the family of the deceased and there is partification in the village. This was the reason for rejecting the request of the petitioner for emergency parole and this is again the report made by the District Magistrate. Sirsa. as regards the request of the petitioner for parole for house repairs.