Criminal Misc. No. M-2502 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-2502 of 2009 (O&M) Date of Decision:28.01.2009 Rohtash .....Petitioner Vs. State of Haryana and others .....Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Atul Kaushik, Advocate for the petitioner. **** Order HARBANS LAL, J. Criminal Misc. No.4621 of 2009 Allowed as prayed for. Criminal Misc. No. M-2502 of 2009 This petition has been moved by Rohtash under Section 482 of Cr.P.C seeking his release on parole of four weeks for cultivating the agricultural land under the Haryana Good Conduct Prisoners (Temporary) Release Act, 1988. I have heard the learned counsel for the petitioner. The Commissioner, Hissar Division, Hisar in his order dated 7.10.2008 Annexure P.1 has observed as under:- “I have carefully studied this case. The District Magistrate, Bhiwani on the basis of the report of the Tehsildar, Bhiwani, has recommended for disallowing the temporary release of the convict on parole as according to the report of the Tehsildar, Criminal Misc. No. M-2502 of 2009 (O&M) -2- Bhiwani, there is 3 kanals land in the name of the father of the convict in Village Gushkani which is not cultivated by the family of the convict.” Section 3(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 reads as under:- “the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation on his land or his father's undivided land actually in possession of the prisoner.” Obviously, as per the above extracted observations, the petitioner does not fulfil the requirements of law. That being so, this petition is dismissed. January 28, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? No