HARMOHINDER KAUR SANDHU, J. - (1.) THE petitioner who is undergoing imprisonment for life in District Jail, Gurgaon filed Criminal Miscellaneous No. 8011 -M of 1992 whereby a direction was given to the respondents to decide the parole case of the petitioner within one month. This order was passed on 31.10.1992. The case of the petitioner was then decided on 1.12.1992 whereby relief claimed by him was declined on the ground of apprehension of breach of peace. The petitioner has now filed this petition under Section 482 of the Code of Criminal Procedure for his release on parole for six weeks to carry on the agricultural pursuits. As per averments made in the petition, his father who owned land was old and infirm. He was the only son and there was no adult male member in the family to cultivate the land. No relative or friend was prepared to help the old father of the petitioner in the agricultural pursuits. The family depends for its sustenance on the income from the land.
(2.) IN the return filed by the respondents, it was contended that District Magistrate, Faridabad reported that there was danger of breach of peace in the village as the petitioner had criminal background and there was party faction in the village. On the basis of this report petitioner's release on parole was declined. This fact was, however, admitted that father of the petitioner owned land. It was further pleaded that some persons who were released on parole did not surrender after expiry of period of parole and they were absconding.
(3.) I have heard the counsel for the parties. Admittedly the petitioner is undergoing imprisonment since January, 1991 and his conduct in jail remained good. The petitioner's father owned land. The petitioner is the only son who could help his old and infirm father in carrying on agricultural pursuits. The family of the petitioner had no other source of income. The mere fact that there was party faction in the village is no ground to decline the prayer of the petitioner. There is nothing on record to suggest as on what basis it was concluded that release of the petitioner on parole will result in breach of public peace. I, therefore, allow this petition and direct the respondents to release the petitioner on parole for a period of six weeks on his furnishing requisite bonds to the satisfaction of District Magistrate, Faridabad. Petition allowed.;