BIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner who is undergoing imprisonment in the District Jail Gurgaon has sought his release on parole for the purpose of house repairs. In this petition it has been stated that there was no other adult member in the family in order to effect repairs and as such it was essential that he be released on parole.

(2.) NOTICE was issued in this case and a reply has been filed thereto. The stand in the reply is that as a matter of fact the averment that the petitioner was the only adult member in the family was incorrect as the petitioner was a member of joint family and was the youngest of four brothers and, as such, it was not necessary that he be released. It has also been asserted that in addition to the above fact, the District Magistrate Gurgaon on inquiry from the police department had also declined to recommend the case of the petitioner on the ground that in case he was released there could be a breach of peace.

(3.) I have heard the learned counsel for the parties and gone through the averments made in this petition and in the reply. To my mind both the reasons given by the authorities declining parole to the petitioner are without any foundation. I am of the opinion that merely because the petitioner happens to be a member of a joint family and as three other brothers are residing in the same house, does not in any way deprive the petitioner to be released on parole in case it is found that the house in question needs repair.