SATBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SATBIR s/o Balbir Singh was sentenced to undergo imprisonment for life by Sessions Court on 19.4.1989. His appeal against conviction was dismissed on 7.1.1992. He was arrested on 17.3.1988. On 22.6.1989, he was released on bail. He remained in jail as an undertrial. He remained in jail from 19.4.1989 to 22.6.1989, in consequence of his appeal in this Court, on 3.6.1994 he was granted parole for house repair by this court. After the expiry of the period of parole, he surrendered in jail. He did not commit any breach of peace during the period he was on parole. Before 10.5.1993, he had completed 3 years in jail and had earned remissions because of good conduct in jail and also because he was neither a habitual offender nor a convict of decoity. He made a request to grant him agricultural parole/furlough to the Director General of Prisoners who happened to visit the jail. He advised the Superintendent, Jail, to initiate his case for the grant of parole/furlough to him. Panchayat has given a certificate (Annexure P-2) that in case he is released on parole, there would be no apprehension of breach of peace at his hands. Other members of the family are undergoing imprisonment in District Jail, Rohtak and there is no one to look after agriculture. His wife Santosh is residing in the village with 8 years old daughter. There is none who can harvest the crop.

(2.) SATBIR convict-prisoner has come to this Court under Section 482 of the Criminal Procedure Code read with Articles 226/227 of the Constitution of India for the grant of agricultural parole to him.

(3.) I have heard the learned counsel for the petitioner and learned advocate for the State of Haryana and have gone through the record. In this case, the State has nowhere urged that if he is allowed parole, there will be apprehension of breach of peace at his hands, but it has been submitted on behalf of the State that he (convict-prisoner) had enjoyed one parole for house repair from 9.3.1995 to 24.3.1995. He cannot be allowed furlough as he has not earned 3 good conduct remissions. In the same year, he can be allowed parole only once. Agricultural parole can, however, be allowed twice a year.