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TEKA versus STATE OF HARYANA & ANR.

High Court of Punjab and Haryana, Chandigarh

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Teka v. State of Haryana & Anr. - CRM-70315-M-2006 [2007] RD-P&H 1201 (5 February 2007)

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

Crl. Misc. No.70315-M of 2006

Date of decision: January 17, 2007.

Teka

...Petitioner(s)

v.

State of Haryana & Anr.

...Respondent(s)

Present: Shri Karan Singh, Advocate for the petitioner.

Shri R.D. Sharma, Dy. Advocate General, Haryana for the respondents.

Surya Kant, J. (Oral)

The petitioner, who is a 70 years old life convict, has been denied parole for agricultural purposes on the report of District Magistrate, Kaithal in which it is stated that he has six married sons who are doing the agricultural work.

The revenue record, i.e. jamabandi for the year 2003-04, which the petitioner has placed on record, shows that he owns half share in land measuring six acres, i.e. he owns three acres of land.

If this is a fact that there are six married sons of the petitioner who are doing agricultural work, his request for release on parole, cannot be said to be justified.

However, if the petitioner has some more agricultural land and if he can show that his sons or most of them are earning their livelihood independently and, thus, the agricultural land owned by him is likely to go unattended, he may again apply for his temporary release on parole for agricultural purposes along with the relevant material and if such an application is submitted by him, the respondents are directed to reconsider his case in accordance with law/government policy within a period of two months from the date of receipt of such application.

Disposed of.

January 17, 2007. [ Surya Kant ]

kadyan 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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