Punjab-Haryana High Court
Anand Kumar vs State Of Haryana And Others on 4 February, 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M 32918 of 2008 (O&M)
Date of decision: 4.2.2009.
Anand Kumar
...Petitioner
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR.JUSTICE HARBANS LAL
Present: Mr.VS Rana, Advocate for the petitioner
Mr.Amit Kaushik, Assistant Advocate General, Haryana
***
Harbans Lal, J.
This petition has been moved by Anand Kumar petitioner under Section 482 of Cr.P.C. for grant of 4 weeks parole to enable him to carry out the repair of his house, as the same is in dilapidated condition.
The facts are that the case of the petitioner was rejected by Parole Release Committee of District Jalor illegally and without considering the report of the District Magistrate, Hisar. The fact is that the petitioner has availed number of paroles. In reply filed by the State, it has been averred that the Assistant Director Social Justice Rights Department Jalor did not recommend the parole release case of the petitioner.
I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection.
As would be apparent from Annexure P-1, copy of the order dated 3.7.2008 passed by the District Magistrate, Jalor, he by agreeing with the report of the Sub Divisional Magistrate, North recommended the parole CRM No.M 32918 of 2008 (O&M) -2- release case of the convict. The District Police Superintendent, Hisar has reported that the convict owns house in Adampur, which is pucca one and the same being in a good condition, does not require repair. The photographs Annexure P-2, of the petitioner's house depict that the condition of his house is quite decrepit and dilapidated. There is no sound reason for the District Magistrate, Jalor to agree with the stated report of the District Police Superintendent, Hisar.
This petition is disposed of with a direction that the petitioner shall be released on parole under Section 3(1)(a) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 for 4 weeks from the date of his release, subject to the satisfaction of the District Magistrate, Hisar, who shall take an adequate surety before releasing the petitioner under the Rules. After the expiry of the abovesaid parole period, petitioner shall surrender before the Superintendent, Central Jail, Hisar- respondent No.2.
February 4, 2009 (Harbans Lal) gsv Judge