SANT KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This petition has been filed praying for directions to quash the order of the Commissioner, Rohtak Division, Rohtak dtd. 3/10/2018 (Annexure P-1) whereby the application of the petitioner for release on parole has been rejected. It has also been prayed that the respondents be directed to release the petitioner on parole for house repair.

(2.) As stated in the petition, the petitioner is undergoing rigorous imprisonment for life in a case under Ss. 302/34 IPC registered at Police Station Sampla, District Rohtak after his conviction by the Additional Sessions Judge, Rohtak.

(3.) The petitioner submitted an application to the Superintendent, District Jail, Rohtak for grant of parole for the purpose of House Repair, which was forwarded to the District Magistrate, Rohtak, who recommended the release of the petitioner on parole. The Superintendent of Police in his report stated that the petitioner has relations with gang and has rivalry in the village and if he comes on parole, he may abscond and may commit some offence. There can be apprehension of breach of peace in the village. Based on the said report, the Commissioner, Rohtak Division, Rohtak rejected the request for parole. Learned counsel for the petitioner has argued that the grounds for rejection are baseless. On earlier occasion also, the petitioner had availed the concession of parole i.e. w.e.f. 8/6/2018 to 4/7/2018. He had surrendered on time. There is no complaint or allegation that he misused the concession of parole.