CHANDI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prayer of the petitioner Chandi to be released on four weeks, parole to enable him to construct his house was rejected by the Inspector General of Prisons on August, 1986 on the ground of apprehension of breach of peace.

(2.) THE State Government has placed on the record statement of the Sarpanch of the village Panchayat, Narsi Ram, and one Chattar (Annexure R.1) which indicate that the residents of the village and the village Panchayat do not apprehend any law and order problem from the temporary release of the petitioner. On the contrary these persons have stated that they will be responsible for the conduct of the petitioner during parole. It is only because of the report of S.H.O., Police Station, Munak (Annexure R.5), that the District Authorities have opposed the petitioner's case. In this report the S.H.O. has stated that the petitioner has so far undergone a very short term of imprisonment. Therefore, his release on parole was not recommended. From this report alone breach of peace at the instance of the petitioner cannot be apprehended. On this extraneous and arbitrary ground the benefit of parole cannot be withheld from the petitioner.

(3.) FOR these reasons, the Inspector General of Prisons, Haryana, who is the releasing authority, is directed to release the petitioner on four week's parole forthwith. Order accordingly.