LAWS(P&H)-2018-4-109

SAGAN KUMAR Vs. STATE OF HARYANA AND OTHERS

Decided On April 24, 2018
Sagan Kumar Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) The prayer in the present petition is for issuance of a writ in the nature of mandamus directing the respondents to release the petitioner on parole for a period of two months for the purpose of agriculture i.e. for harvesting the wheat crop and also for plantation of paddy crop.

(2.) As per case of the petitioner, he was convicted in case FIR No. 183 dated 4.5.2010 registered under Section 18 of NDPS Act at Police Station Sadar Thanesar, Kuruskehtra and was sentenced to undergo ten years imprisonment vide judgment dated 17.3.2012 passed by Additional Sessions Judge, Kurukshetra. Said judgment of conviction and order of sentence was challenged before this Court by way of filing criminal appeal, which is still pending. While undergoing the sentence, on 17.2.2018, the petitioner moved an application before the Superintendent of Police Jail, Rohtak for grant of parole for agriculture purpose, which is still pending and in spite of passing of more than two months, no action has been taken thereupon so far.

(3.) Learned counsel for the petitioner contends that the wheat crop is standing over the agriculture land of the petitioner and his presence is required not only for harvesting but for plantation of paddy crop. Learned counsel further contends that the petitioner never misused any concession of bail/parole. Learned counsel also contends that petitioner is the only bread earner of the family and there is no other member to look after the family and agriculture activities. The children of the petitioner are minor and they are not in a position to take care of the agriculture activities.