- (1.) The present petition has been filed under Article 226 of the Constitution of India praying for quashing of impugned order dated 07.10.2010, Annexure P2 passed by Respondent No. 1 vide which request of Petitioner for grant of parole for agricultural operations under Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for short the 'Act') has been rejected.
(2.) I have heard learned Counsel for the parties and have gone through the whole record. Briefly stated, Petitioner is undergoing imprisonment for life in FIR No. 145 dated 07.10.2003, under Sections 302/201/34 IPC, Police Station Bilaspur, District Yamuna Nagar as appeal filed by him against judgment of conviction passed by court of Sessions was dismissed by this Court. On 25.07.2010, Petitioner made a request to Respondent No. 2 i.e. Superintendent, Central Jail, Ambala for grant of parole for agricultural operations. Request of Petitioner was duly recommended by Respondent No. 2 as he was entitled as per the Act and the rules for parole for agricultural operations. Petitioner has also annexed copy of Jamabandi for the year 2002-2003 as Annexure P-1. Even District Magistrate, Yamuna Nagar recommended the case of Petitioner for his release on parole after getting the matter verified. After receipt of report from Respondent No. 3 i.e. District Magistrate, Yamuna Nagar Respondent No. 1, who is competent authority to grant parole under the Act and the rules rejected the same on the ground that he had recently availed four weeks parole w.e.f. 26.05.2010 to 26.06.2010.
(3.) A convict is entitled for parole for agricultural operations under Section 3 of the Act, which reads as under: 3. Temporary release of prisoners on certain grounds. (1) The State Government may, in consultation with the District Magistrate or any other officer appointed in this behalf, by notification in the official gazette and subject to such conditions and in such manner as may be prescribed, release temporarily for a period specified in Sub-section (2), any prisoner, if the State Government is satisfied that. (a) a member of the prisoner's family had died or is seriously ill or the prisoner himself is seriously ill; or (b) the marriage of prisoner himself, his son, daughter, grandson, grand-daughter, brother, sister, sister's son or daughter is to be celebrated; or (c) the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation on his land or his father's undivided land actually in possession of the Petitioner. (d) it is desirable to do so for any other sufficient cause. (2) The period for which a prisoner may be released shall be determined by the State Government so as not to exceed (a) where the prisoner is to be released on the grounds specified in Clause (a) of Sub-section (1), three weeks; (b) where the prisoner is to be released on the ground specified in Clause (b) or Clause (d) of Sub-section (1), four weeks; and (c) where the prisoner is to be released on the grounds specified in Clause (c) of Sub-section (1), six weeks; Provided that the temporary release under Clause (c) can be availed more than once during the year, which shall not, however, cumulatively exceed six weeks. (3) The period of release under this section shall not count towards the total period of the sentence of a prisoner. (4) The State Government may, by notification, authorize any officer to exercise its powers under this section in respect of all or any other ground specified thereunder.;