High Court of Punjab and Haryana, Chandigarh
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Hosiyare v. State of Haryana & Ors. - CRM-5664-M-2007  RD-P&H 877 (25 January 2007)
Crl. Misc. No. 5664 -M of 2007.
Date of Decision: January 30, 2007.
Mr. A.S.Trikha, Advocate
State of Haryana & Ors.
Mr. Tarun Aggarwal, Sr.DAG, Haryana.
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)
Notice of motion.
Mr.Tarun Aggarwal, learned Sr. DAG, Haryana, accepts notice.
The petitioner, who is undergoing RI for seven years u/s 304 (Part I) IPC, is aggrieved at the order dated 20.10.2006 (Annexure P-1) passed by the Director General of Prisons, Haryana whereby he has been denied temporary release on parole for agricultural purposes on the ground that land measuring two and half acres owned by him can be cultivated by his two adult sons.
Under Section 3(1)(c) of the Haryana Good Conduct Prisoners' (Temporary Release) Act, 1988 a prisoner is entitled to be released on parole for agricultural purposes if he was in cultivating possession of the agricultural land either owned by himself or his father immediately prior to his conviction.
There is no mention in the order that the two adult sons of the petitioner are carrying out agricultural operations only and/or they are living jointly. It is quite possible that the petitioner's sons might be doing some other vocation or may be living separately. In such an event, the petitioner appears to have, prima facie, made out a case for the grant of parole to him.
Consequently, this petition is allowed to the extent that the impugned order dated 20.10.2006 (Annexure P-1) is quashed and with a direction to the Director General of Prisons, Haryana to get the facts re- verified and thereafter pass appropriate orders in accordance with law within two months from the date a certified copy of this order is received.
January 30, 2007. ( SURYA KANT )
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