BHORIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Bhoria is undergoing life imprisonment in Central Jail, Hissar. He was arrested on 7.6.1982 for offence of murder and vide order dated 17.9.1984 of Sessions Judge, Hissar, was convicted under Section 302, Indian Penal Code, and was sentenced to abovesaid imprisonment. He applied for temporary release on parole under Section 3(1)(c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, for 42 days for agricultural purposes on 21.8.1987. His application was duly recommended by Superintendent Central Jail, Hissar. His prayer, however, was rejected by Director General of Prisons, Haryana on 8.1.1988 on the ground that there was apprehension of breach of peace. Present criminal writ petition has been filed by Bhoria for his such release contending that he owns about 10/15 acres of agricultural land in his own name exclusively; that there is no other adult male member in the family to look after the agricultural work on his land; that he had maintained good conduct in jail and that his case for release on parole was rejected arbitrarily.

(2.) FROM the return filed on behalf of the respondent it is clear that conduct of the petitioner while in jail was satisfactory. It is also admitted therein that his application for parole was duly recommended by Superintendent Central Jail, Hissar and his said prayer was rejected on the ground that the district authorities had reported that by temporary release of the petitioner there was apprehension of breach of peace. This opinion however, is not based on any data or material. The attempt has been made to indicate as to how law and order situation was likely to be adversely affected by the release of the petitioner on parole. I, therefore, find that the denial of the petitioner's prayer was on extraneous and arbitrary grounds and so was not at all justified.

(3.) IN the light of what has been stated above, petitioner Bhoria is ordered to be temporarily released on 6 weeks' parole to the satisfaction of District Magistrate, Hissar. Petition allowed.