KASHMIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) KASHMIR Singh a spy in the army and a convict under section 307 of the Indian Penal Code by the General Court Martial and undergoing imprisonment for 7 years in District Jail, Rohtak, has approached this court for the second time, under section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India for his temporary release on parole for agricultural purposes.

(2.) IT may be noted that in his earlier petition Criminal Misc. No. 11825-M- 1995 filed for a similar relief, the following two questions had arisen for consideration:-

(3.) FROM a bare perusal of the impugned order dated 3.4.1996 passed by the Army authorities rejecting the request of the petitioner, it is evident that the same is based on the recommendation of the District Magistrate, Rohtak and Gram Panchayat Mehrana, received by them vide letter dated 17.11.1995 from the Superintendent, District Jail, Rohtak. How this recommendation has originated is interesting to note.