JAI PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) NOTICE of miscellaneous case to A.G., Haryana.

(2.) MR . Surender Lamba, AAG for the State of Haryana accepts notice on the asking of the Court. Copy of the petition has been handed over to him.

(3.) BY means of this petition filed under Section 482 Cr.P.C. these two petitioners seek their transfer from District Jail Rohtak to the District Jail, Gurgaon. It is alleged that the petitioners were undergoing sentence of life imprisonment under Section 302 IPC which arose from FIR dated 5.8.1990. They were convicted and sentenced on 9.12.1996. It is alleged that both the petitioners are brothers and their father is quite an old aged person being age of 80 years and unable to move and come to the District Jail, Rohtak to meet the petitioners. The children of the petitioners are minors. The petitioners are finding it exceedingly difficult to be lodged at District Jail, Rohtak because their family members are unable to come and meet them. In para 5 of the petition it has been contended that earlier they had made a request for their transfer from District Jail Bhiwani to Gurgaon but they were at that time not transferred to Gurgaon and were transferred to District Jail Rohtak. It has also been contended that the petitioners have very good conduct and there is no complaint against them. Reference has been made to an observation made by a Single Judge of this Court in Surjit Singh v. State of Haryana, 1990(3) RCR 489 (para 739 of Jail manual) which reads as under :-