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RAJ KUMAR versus STATE OF HARYANA & ORS.

High Court of Punjab and Haryana, Chandigarh

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Raj Kumar v. State of Haryana & Ors. - CRM-54595-M-2006 [2007] RD-P&H 780 (23 January 2007)

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

Crl. Misc. No. 54595 -M of 2006.

Date of Decision: January 23, 2007.

Raj Kumar

....Petitioner

through

Mr. S.S.Siao, Advocate

Versus

State of Haryana & Ors.

...Respondents

through

Mr. Tarun Aggarwal, Sr.DAG, Haryana.

CORAM:
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)

The petitioner, who, along with his father, has been sentenced to undergo life imprisonment under Section 302 IPC, is aggrieved at the order dated 22.8.2006 (Annexure P-1) passed by the Director General of Prisons, Haryana, denying him parole for agricultural operations on the ground that the land has been given on lease.

It is an admitted fact that the family owns a big chunk of agricultural land measuring 26 acres. It appears that after the conviction and sentence of the petitioner and his father, his younger brother and old grand father are the only two male persons left in the family. It is quite possible that the petitioner's brother was not in a position to carry out the agricultural activities over the entire land.

Normally, in the rural areas, the land is leased out on year to year basis instead of long term lease. Thus, it appears that some of the material facts have not been verified by the respondents before jumping to the conclusion that he does not require to be released on parole for agricultural purposes.

Consequently, this petition is allowed to the extent that the impugned order dated 21.8.2006 (Annexure P-1) is quashed and a direction is issued to the Director General of Prisons, Haryana to get the facts reverified from the District Administration in the light of the observations made herein above and if it is found that the land was leased out on short term basis, to reconsider the petitioner's case for his release on parole for agricultural purposes. The entire exercise shall be carried out within two months from the date a certified copy of this order is received.

Disposed of.

January 23, 2007. ( SURYA KANT )

dinesh 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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