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RAM CHANDER versus STATE OF HARYANA & ORS.

High Court of Punjab and Haryana, Chandigarh

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Ram Chander v. State of Haryana & Ors. - CRM-67400-M-2006 [2007] RD-P&H 115 (9 January 2007)

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl. Misc. No.67400-M of 2006.

Date of Decision: January 15, 2007.

Ram Chander

....Petitioner

through

Mr. Dhruv Dayal, Advocate

Versus

State of Haryana & Ors.

...Respondents

through

Mr. Sidarth Swaroop, AAG, Haryana.

CORAM:
HON'BLE MR. JUSTICE SURYA KANT.

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? SURYA KANT,J.(ORAL)

The petitioner, who is a life convict under Section 302 IPC, is aggrieved at the order dated 28.9.2006 (Annexure P-3) denying him temporary release for agricultural purposes.

The petitioner has been denied parole for agricultural purposes despite the fact that he owns one and half acres of agricultural land and which has not been leased out by him. Of course, in the petitioner's absence, the same is being cultivated by his brother.

Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 provides that a prisoner can be temporarily released on parole for agricultural purposes provided he himself is owner and in cultivating possession of such land and/or of the undivided land owned by his father.

As the petitioner fulfills the requirement of the aforesaid provision, there appears to be no legal or factual basis to deny him the parole for agricultural purposes.

Consequently, and for the aforementioned reasons, this petition is allowed to the extent that the impugned order dated 28.9.2006 (Annexure P-3) is quashed with a direction to the Director General of Prisons, Haryana to reconsider the case of the petitioner for his temporary release on parole for agricultural purposes in the light of the observations made herein above.

Let necessary orders be passed within one month from the date a certified copy of this order is received.

Disposed of.

January 15, 2007. ( SURYA KANT )

dinesh JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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