High Court of Punjab and Haryana, Chandigarh
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Joginder v. State of Haryana & Ors. - CRM-59767-M-2006  RD-P&H 885 (25 January 2007)
Crl.Misc. No.59767-M of 2006
Date of Decision:- 29.1.2007
State of Haryana & ors. ....Respondent(s) through
Mr.Tarun Aggarwal, Sr.DAG, Haryana.
CORAM:-HON'BLE MR.JUSTICE SURYA KANT.
SURYA KANT, J.
The petitioner, who is a life convict under Section 302 IPC, is aggrieved at the order dated 11.9.2006 (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.
Some what similar stand has been taken by the respondents in their reply.
Relying upon a copy of Jamabandi for the year 2001-02 (Annexure P-3), 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 of receipt of certified copy of this order.
January 29, 2007 ( SURYA KANT )
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