ISRAIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed by the petitioner under Section 482 of the Code of Criminal Procedure praying for issuance of a direction to the respondents for temporaly releasing the petitioner on parole for agricultural purposes, under Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for short, the Act).

(2.) IT is sated in the petition that the petitioner was convicted on 28.10.1990 for the offense of murder under Section 302 of the Indian Penal Code and was sentenced to undergo life imprisonment by the learned Sessions Judge, Faridabad. The petitioner had applied for parole on 6.9.1991 to respondent No. 2 but the parole case was rejected by the Additional Director General of Prisons, Haryana Chandigarh on 6.4.1992 on the basis of the report of District Magistrate, Faridabad.

(3.) THE learned counsel for the petitioner states that only ground for rejection of his case for agricultural parole is that there can be apprehension of breach of peace if the petitioner is released on parole. This ground according to the learned counsel does not hold water in view of a catena of authorities of this Court. A few authorities are mentioned as under :-