Crl.W.P.No.1718 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.W.P.No.1718 of 2010 (O&M) Date of Decision: November 2, 2010 Balwant Singh .....Petitioner v. State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.H.S.Jaswal, Advocate for the petitioner. Mr.G.S.Sandhu, AAG, Haryana. ...... RAM CHAND GUPTA, J.(Oral) The present petition filed under Article 226 of the Constitution of India is for quashing/setting aside the impugned order dated 30.8.2010, Annexure P2, passed by respondent no.1, vide which the request of petitioner for his release on agricultural parole under Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter to be referred as the `Act') has been rejected. I have heard learned counsel for the parties and have gone through the whole record carefully. Petitioner is undergoing life imprisonment in FIR No.112 dated 16.6.1997, under Sections 302, 148, 149, 34 IPC, registered at Police Station Babain, District Kurukshetra. The appeal filed against the said order has also been dismissed by this Court vide judgment dated 15.5.2008. Petitioner submitted an application in the office of respondent no.2, i.e., Superintendent, District Jail, Kurukshetra, for granting agricultural parole under Section (3)(1)(c) of the Act. Release of petitioner on parole was duly recommended by Superintendent, District Jail, on the plea that he was entitled as per Rules. Recommendation was also made by District Magistrate, Yamunanagar, for his release on parole. However, his request Crl.W.P.No.1718 of 2010 (O&M) -2- for release on parole was declined by Divisional Commissioner, Ambala, vide impugned order, Annexure P2. It is pertinent to reproduce Section 3 of the Act, which provides release of a prisoner on parole. The same reads as under:- “3. Temporary release of prisoners on certain grounds.-(1) The State Government may, in consultation with the District Magistrate or any other officer appointed in this behalf, by notification in the Official Gazette and subject to such conditions and in such manner as may be prescribed, release temporarily for a period specified in sub-section(2) any prisoner if the State Government is satisfied that:- (a) a member of the prisoner's family had died or is seriously ill; or the prisoner himself is seriously ill; or (b) the marriage of the prisoner himself, his son, daughter, grandson, grand-daughter, brother, sister, sister's son or daughter is to be celebrated; or (c ) 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; or (d) it is desirable to do so for any other sufficient cause. (2) The period for which a prisoner may be released shall be determined by the State Government so as not to exceed- (a) where the prisoner is to be released on the grounds specified in clause (a) of sub section (1), three weeks; (b) where the prisoner is to be released on the ground specified in clause (b) or clause (d) of sub- section (1), four weeks; and Crl.W.P.No.1718 of 2010 (O&M) -3- (c ) where the prisoner is to be released on the grounds specified in clause (c ) of sub-Section (1), six weeks: Provided that the temporary release under Clause (c ) can be availed more than once during the year, which shall not, however, cumulatively exceed six weeks. (3) The period of release under this Section shall not count towards the total period of sentence of a prisoner. Parole can be declined to petitioner-accused on any of the grounds mentioned in Section 6 of the Act. “6. Prisoners not entitles to be released in certain cases.- Notwithstanding anything contained in Sections 3 and 4, no prisoner shall be entitled to be released under this Act if, on the report of the District Magistrate, the State Government or an officer authorised by it in this behalf is satisfied that his release is likely to endanger the security of the State or the maintenance of public order.” A perusal of the impugned order shows that the case of petitioner for his release on parole has been declined merely on the ground that he had availed furlough for the period from 9.4.2010 to 24.4.2010. No other reason for rejecting his case for release on parole has been given. Hence, in view of these facts, the impugned order rejecting parole case of the petitioner by the competent authority cannot be sustained in the eyes of law. The same is, hereby, set aside. The respondents are directed to re-consider the case of present petitioner for his release on parole in the light of observations of this Court made above, as per the Act and the Rules, and on usual undertaking to be furnished by the petitioner within a period of two weeks from the date of receipt of certified copy of this order. Disposed of accordingly. 2.11.2010 (Ram Chand Gupta) meenu Judge Crl.W.P.No.1718 of 2010 (O&M) -4- Note: Whether to be referred to Reporter? Yes/No.