Over 2 lakh Indian cases. Search powered by Google!

Case Details

JOGINDER versus STATE OF HARYANA & ORS.

High Court of Punjab and Haryana, Chandigarh

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Joginder v. State of Haryana & Ors. - CRM-59767-M-2006 [2007] RD-P&H 885 (25 January 2007)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Crl.Misc. No.59767-M of 2006

Date of Decision:- 29.1.2007

Joginder ....Petitioner(s)

through

Mr.A.S.Trikha, Advocate

vs.

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.

Disposed of.

January 29, 2007 ( SURYA KANT )

poonam 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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.