SURAJ MAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, who is undergoing seven years R.I. under Sections 363/366 IPC, is aggrieved at the order dated 25.8.2006 (Annexure P-1) passed by the Director General of Prisons, Haryana whereby he has been denied temporary release on parole for agricultural purposes on the ground that there is no agricultural land in possession of the petitioner. Somewhat similar stand has been taken by the respondents in their reply.

(2.) RELYING upon a copy of Jamabandi for the year 2000-01 of village Kharkara, Tehsil Meham, District Rohtak, it is contended that the petitioner's father owns some agricultural land. It is also claimed that the land owned by the petitioner's father is undivided agricultural land which used to be cultivated by the petitioner before his conviction. Under Section 3(1)(c) of the Haryana Good Conduct Prisoners' (Temporary Release) Act, 1988 a prisoner is required to be in cultivating possession of the agricultural land either owned by himself or his father's undivided agricultural land. It is quite possible that prior to his conviction, he was also in cultivating possession of the undivided agricultural land owned by his father. Unfortunately, the aforesaid aspect of the matter has not been considered by the concerned authorities.