MAM CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been moved by Mam Chand under Section of 482 of Cr.P.C. read with Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for brevity 'the Act') to quash the impugned rejection order dated 10.2.2009 (Annexure P-2) and to issue direction to the respondent to release him on six weeks agriculture parole.

(2.) THE brief facts giving rise to this petition are that the petitioner was convicted for life imprisonment by the court of learned Additional Sessions Judge, Gurgaon vide order dated 7.12.2007 in case FIR No. 174 dated 18.6.2005 registered under Sections 148, 149, 302, 34 of IPC at PS Bilaspur, Gurgaon.

(3.) IN the joint written statement filed on behalf of the respondents, it has been averred that the agricultural parole case of the petitioner was initiated but it was rejected by the Commissioner, Gurgaon Division, Gurgaon on the ground that he has not completed one year of his sentence after conviction. That there is apprehension of breach of peace, if the petitioner is released on parole. The reasons given for parole have been found to be incorrect. He is in custody since 23.6.2005. As such, this petition may be dismissed. I have heard the learned counsel for the parties.