MIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) MIR Singh, petitioner is undergoing life imprisonment following his conviction in a murder case. He owns about four ares of land and he applied of his release on parole under Sections 3(1)(c) and 3(1)(d) of the Punjab Good Conduct Prisoners' (Temporary Release) Act, 1962, inter alia for agricultural operations at village Dhani Bhakran, Police Station Behal, District Bhiwani. Petitioner's father is too old to undertake agricultural operations. His brother is serving in the Indian Army and the other brother has already died. Family of the deceased's brother is also depended on the petitioner. Petitioner's own children are minor. The land being the main source of income, it was the primary duty of the petitioner to undertake agricultural operations. Ultimately, his application was turned down by the releasing authority leading to filling of the present petition.

(2.) A detailed reply has been filed by Sh. Randhir Singh, Superintendent, District Jail, Bhiwani, on behalf of the respondents.

(3.) THE above information was taken by the Head Constable to mean that in case the petitioner came to the village on being released on parole "some serious event may happen". The above report was endorsed by the State House Officer, Deputy Superintendent of Police and the Superintendent of Police. On this basis (sic) appeal of the petitioner. The releasing authority, acting on the report of the District Magistrate turned down the petition. I have not been shown any other record or material to support the conclusion drawn by the Head Constable, which was endorsed upto to level of the releasing authority.