GANGA LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is Crl.Misc. No. 31731-M of 1998 filed under section 482 Cr.P.C. read with Articles 226/227 of the Constitution of India whereby Ganga Lal (petitioner herein) is claiming agricultural parole for a period of 4 weeks under section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (in short the Act). He has prayed for the quashing of the order Annexure P1 passed by the Director General of Prisons, Haryana refusing him agricultural parole. In support of his prayer for the grant of parole, he has alleged that there is 10 acres of land situated in village Khajurka, tehsil Palwal shown in the name of his mother Smt. Kela Devi d/o Khiali Ram in Jamabandi Annexure P2. He is to cultivate that land. There is none in the family to cultivate that land as his brother Jagvir and Virender are in jail along with him in a murder case.

(2.) RESPONDENT State of Haryana has contested the prayer for the grant of parole to him for carrying out agricultural operations urging that he owns no agricultural land nor there is agricultural land in the name of his father. Director General of Prisons rejected his prayer for release on parole for carrying out agricultural operations in view of the report of District Magistrate, Faridabad Annexure R1 which says that he owns no land in village Khajurka.

(3.) IT is true that the petitioner owns no land nor his father owns any land in the revenue estate of village Khajurka. His mother Kela Devi d/0 Khiali Ram owns 1/2 share in land measuring 15 Kanal 13 marla. Other 1/2 share is owned by Bhagwan Sahay, Pahlad and Dev Raj sons of Khiali Ram. In the column of cultivation, land is shown in self-cultivation of co-sharers. Learned AAG, Haryana submitted that as the land is in the self-cultivation of co-sharers, it can be cultivated by Bhagwan Sahay etc. and they can give Smt. Kela Devi her share of the produce or theka of 7 kanal 16-1/2 marla of land. Learned AAG, Haryana submitted that in view of the provisions of section 3(1) (c) of the Act, agricultural parole can be allowed only if the prisoner himself holds land or his father holds land and he means to cultivate that land. Section 3(1) (c) of the Act reads as follows :-