K.S.KUMARAN,J - (1.) HEARD counsel for both the sides. The petitioner had moved the respondent-State through the Superintendent of District Jail, Kurukshetra for being released on parole for the purpose of carrying out agricultural operations. The petitioner's request was turned down vide annexure P-1 stating that the petitioner Baldev Singh had taken the land for cultivation only on case and, therefore, he cannot be granted parole for cultivating that land under Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988. Therefore, the petitioner has filed this petition under Section 482 Cr.P.C. read with Articles 226/227 of the Constitution of India for quashing that order annexure P-1 and for directing release of the petitioner for six weeks on parole for the above said purpose.
(2.) ON notice to respondents 2 and 3 and to the Advocate General, Haryana, reply has been filed by the Superintendent of District Jail, Kurukshetra on behalf of the respondents reiterating the same stand. The learned counsel for the petitioner contends that petitioner has taken the lands on lease under annexure P-2 on 5.6.1999 for a period of two years and has also paid in advance a sum of Rs. 20,000/- in cash. The petitioner has in paragraph-8 of the petition also listed the cases of 5 convicts who had taken the land on lease and who had been released on parole. In reply, the respondents have not disputed this allegation. Therefore, as rightly contended by the learned counsel for the petitioner, the petitioner cannot be discriminated against while similarly situated convicts have been granted this relief even though they had taken the land only on leaves.
(3.) IN these circumstances, I am of the view that the impugned order cannot be sustained, and it is accordingly quashed. Respondents are directed to release the petitioner on parole for a period of four weeks from the date of his release for carrying out agricultural operations on his furnishing sufficient surety to the satisfaction of the District Magistrate, Kurukshetra. This petition is ordered accordingly. Petition allowed.;