TARLOCHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition filed under section 482 of the Code of Criminal Procedure read with Articles 226/227 of the constitution of India, the petitioner has prayed for his temporary release on parole for a period of six weeks, under the provisions of section 3 (1) (c) of the Haryana Good Conduct of Prisoners (Temporary Release) Act, 1988 (for short "the Act" ).

(2.) THE petitioner was convicted under section 15 of the Narcotic Drugs and psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. one lac, and in default of payment of fine to further undergo simple imprisonment for two years, by the Special Court, Kurukshetra, vide order dated 7-8-2007. As per averments in the petition, the petitioner owns agricultural land in the village. He has two children who are school-going, besides his wife, who are unable to look after the agricultural work. It was further averred that the petitioner was earlier married to one bhago Devi and he had another son. namely, jarnail Singh from that wedlock and Jarnail singh is now about 21 years of age, who is, however, residing with his maternal aunt in district Yamuna Nagar and he never helped the petitioner in the agricultural work.

(3.) THE petitioner earlier applied for his release on parole for agricultural purposes but his request was declined. A copy of letter from the District Magistrate. Kurukshetra has been attached by the petitioner as Annexure P-2, which was addressed to the Commissioner, Ambala Division, Ambala cantt, whereby his case for release was not recommended by the authorities. The petitioner has also attached with the petition an affidavit (Annexure P-3) of his son Jarnail singh who has stated that he was living at yamuna Nagar, and a certificate of the Gram panchayat of his village, Annexure P-4, wherein it was stated that the petitioner had never been released on parole and there was no one to look after the land of the petitioner.