Crl.Misc.No.M-2686 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-2686 of 2010 DATE OF DECISION: FEBRUARY 26, 2010 Sehwaj .....PETITIONER Versus State of Haryana and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE JORA SINGH --- Present: Mr.Hitesh Verma, Advocate, for the petitioner. Mr. J.S. Toor, Addl.A.G.,Haryana. .. SATISH KUMAR MITTAL, J. The petitioner, who has been convicted by Additional Sessions Judge, Faridabad vide judgment dated 21.1.2008 for the offence under Sections 302/325/120-B IPC, and is undergoing his sentence in District Jail, Gurgaon, has filed the instant petition for directing the respondents to release him on parole to enable him to repair his damaged house. Pursuant to notice, a reply has been filed on behalf of respondents No.1 to 3 which is taken on record. We have heard the learned counsel for the parties. Undisputedly, the petitioner is in custody since 13.05.2006. It has been averred by the respondents that the petitioner had earlier availed three weeks agriculture parole from 28.11.2009 to 20.12.2009 vide order dated 4.8.2009 passed in Crl.Misc.No.17403-M of 2009. It has been alleged Crl.Misc.No.M-2686 of 2010 -2- that the petitioner is a permanent resident of District Aligarh (U.P.). It has been further alleged that due to rain and bad weather, the house of the petitioner, which is in the name of his father, has been ruined and the same requires immediate repairs. For this purpose,the petitioner had submitted an application to the Commissioner, Gurgaon Division, Gurgaon. In this regard, the enquiry was also got conducted by District Magistrate, Aligarh, but the Commissioner vide order dated 15.10.2009 rejected the parole case of the petitioner on the basis of the report of the District Magistrate, Aligarh. In the said report, it has been mentioned that the petitioner has only 200 Sq. Yard plot and not a house in the village. Keeping in view the said report of the District Magistrate, Aligarh, the Commissioner, Gurgaon Division, Gurgaon has rejected the house repair parole case of the petitioner as per Section 6 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as `the Act'). Counsel for the petitioner contends that the Gram Panchayat, Satrapur, District Aligarh (UP), has strongly recommended that there will be no breach of peace in the village if the petitioner is released on parole as there is no other member in the family of the convict who can get the house repaired. Counsel further contends that the petitioner, who is unmarried, has eight sisters and one minor brother along with his old parents in the family, and the house of the petitioner requires repairs. He contends that for the said purpose the petitioner can be temporarily released on parole under Section 3(1)(d) of the Act. Counsel contends that the petitioner undertakes that in case he is released on parole, he will not misuse the concession of parole. Therefore, a direction be issued to the respondents to release the petitioner on parole for the aforesaid purpose. Crl.Misc.No.M-2686 of 2010 -3- Admittedly, the petitioner is the only male member in the family who can get his house repaired. In our opinion, the release of a convict on parole is a wing of reformative process. Section 3 of the Act has been enacted as a reformative process. It provides an opportunity to the prisoner to transform himself into a useful citizen. Until and unless sufficient material is available with the authorities giving solid reasons for declining the temporary release of a convict on parole, such benefit should not be declined merely on flimsy grounds. Hence, the petition is allowed and the impugned order dated 15.10.2009 (Annexure P1) is quashed and the respondents are directed to re-consider the claim of the petitioner for temporary release on parole in light of the observations made in this order and pass necessary orders, in accordance with law, within a period of two weeks' from the date of receipt of certified copy of the order. (SATISH KUMAR MITTAL) JUDGE February 26, 2010 ( JORA SINGH ) vkg JUDGE