High Court of Punjab and Haryana, Chandigarh
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Naresh v. State of Haryana & Ors. - CRM-5669-M-2007  RD-P&H 879 (25 January 2007)
Crl. Misc. No. 5669 -M of 2007.
Date of Decision: January 30, 2007.
Mr. Jagmohan Ghuman, 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 a life convict under Section 302 IPC, is aggrieved at the order dated 18.09.2006 (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 there is no agricultural land in possession of the petitioner.
Relying upon a copy of Jamabandi for the year 2001-02 (Annexure P-2) of village Nahri, District Sonepat, it is contended that the petitioner's father owns some agricultural land. It is also claimed that the land owned by the petitioner's father is undivided agricultural land which used to be cultivated by the petitioner before his conviction.
Under Section 3(1)(c) of the Haryana Good Conduct Prisoners' (Temporary Release) Act, 1988 a prisoner is required to be in cultivating possession of the agricultural land either owned by himself or his father's undivided agricultural land. It is quite possible that prior to his conviction, he was also in cultivating possession of the undivided agricultural land owned by his father. Unfortunately, the aforesaid aspect of the matter has not been considered by the concerned authorities.
Consequently, this petition is disposed of with a direction to the Director General of Prisons, Haryana to reconsider the petitioner's case after getting it re-verified as to whether or not immediately prior to his conviction, the petitioner was in cultivating possession of the undivided agricultural land owned by his father. Necessary exercise shall be carried out within two months from the date a certified copy of this order is received.
January 30, 2007. ( SURYA KANT )
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