Punjab-Haryana High Court
Jeet Singh vs State Of Haryana on 23 November, 2000
Author: Amar Dutt
Bench: Amar Dutt
JUDGMENT Amar Dutt, J.
1. Jeet Singh, petitioner, who is serving imprisonment for life in Central Jail, Hissar, has moved the present petition for the grant of agricultural parole. His mother's request in this behalf had been rejected by the respondents on the ground that District Magistrate, Fatehabad had informed in his report that the assertions made in the application filed by the petitioner were not correct. Along with the petition, he has appended the copies of jamabandi and khasra-girdawari showing that the land in village Alika, Tehsil Ratia was in the joint cultivation of the petitioner and his brother Balkar Singh.
2. In the reply filed on behalf of the respondents by the Superintendent, Centra! Jail, Hissar. reliance is mainly placed on the report of the District Magistrate, Fatehabad, according to which the assertions made by the petitioner were found to be incorrect, presumably on account of the fact that his brother was also shown in cultivating possession of the agricultural land.
3. Mrs. Sarla Chaudhary. Advocate appearing on behalt of the petitioner states that the mere fact that the brother of the petitioner is also looking (after) the land belonging to him would itself be not a ground for rejecting the application for parole. This argument has to be accepted. There is no material on the record which would show that either the petitioner or his brother are being (big?) landowners who do not have to rely on manual labour for completing their agricultural operations. In a country where agricultural work is being carried out without having any resort to mechanical equipments that would be available in other more advanced countries, every additional hand which may be available at the time of sowing, reaping, watering etc. of the crop would be welcome to the owner of the land.
4. I am of the considered view that even if he is released for a limited period, the petitioner's presence may be of some assistance to his brother's effort to properly cultivate their agricultural operations. In this view of the matter, this petition is allowed and the order passed by the Director General of Prisons, Haryana dated 28.2.2000 is set aside and the respondents are directed to release the petitioner on parole for a period of three weeks on his furnishing requisite bail and surety bonds to the satisfaction of the District Magistrate. Hissar who shall order for the release of the petitioner on accepting the bail and surety bonds. The petitioner shall surrender before the jail authorities after the expiry of the period of parole. The petitioner shall not commit any offence during the period of parole and he shall avail the parole only for the purpose it was applied for. Ir. case the petitioner violates any term or conditions of bail bond, it will be open to the State to take the petitioner into custody.
5. Petition allowed.