- (1.) By filing this petition under the provisions of Article 226 of the Constitution of India read with section 3(1)(c) of the Haryana Good Conduct Prisoners (Tempordary Release) Act, 1988 (for short, "the Act"), Krishan @ Actor, the petitioner seeks quashing of order dated23.7.2012 (Annexure P1), passed by respondent No.2 whereby the request of the petitioner for grant of parole for six weeks to enable him to plough, cultivate and supervise his agricultural fields in the village, has been rejected.
(2.) Learned counsel for the petitioner has submitted that the petitioner has been denied the parole on the ground that the land is in the name of his father and there are three other members in the family who are able to do agricultural work. According to him, for these reasons, the release of the petitioner was not recommended. He has submitted that the petitioner has already availed parole and had not misused it. He has further submitted that under section 3 of the Act, the temporary release can be ordered, if the same is necessary for ploughing, sowing or harversting or carrying on any other agricultural operation on his land or his father's undivided land. He has placed reliance on the following decisions of this court: i). Mehoob Vs. The State of Punjab through Director General of Prisons, Haryana, 2002 4 RCR(Cri) 463; ii). Sahbia alias Rameshwar Vs. State of Haryana, 1996 2 RCR(Cri) 698; iii). Rewati Raman Vs. State of Haryana, 2001 2 RCR(Cri) 423; and iv). Narotam Vs. State of Haryana and another, 2004 4 RCR(Cri) 672.
(3.) The parole of the petitioner was not recommended by respondent No. 2 for the agricultural purposes because the land measuring three acres was in the name of his father and there were three members in the family, who were able to do agricultural work. Section 3(c) of the Act, which is relied upon by learned counsel for the petitioner is 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) xxx xxx xxx b) xxx xxx xxx 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 prisoner; or" ;