S.S.GREWAL,J - (1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973, relates to grant of parole to the petitioner under Section 3(1)(d) of Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as the Act) for constructing house. According to the petitioner he was arrested in a case under Sections 392, 397 IPC and 25 of the Arms Act on 6-8-1984 and was sentenced to undergo RI for 10 years. The under trial period was 11 months and 28 days and was released on bail by this Court from 6-8-1984 to 19-2-1986. Later on, he was sentenced to undergo RI for 7 years and has been sent to jail for undergoing the remaining period of imprisonment on 25-7-1991. It was further pleaded that the petitioner availed of one parole on medical grounds for the treatment of his mother from 20-4-1992 to 28-4-1992 and because of jail offence relating to 28/29-10-1991 he was not released on his yearly parole for one week after that Prayer has been made for grant of parole in order to enable the petitioner to construct/built house for himself and for his other family members. This request finds support from the certificate issued by the Municipal Commissioner, Jind.
(2.) IN the written statement preliminary objections were raised and it was pleaded that the maintenance of public order is the soled responsibility of the police of the district and District Magistrate concerned and that prayer for grant of parole has been rejected by the Additional Director General of Prisons, Haryana. On merits, however, it was pleaded that parole case of the petitioner was re-initiated after expiry of rejection limit but the petitioner refused to append his thumb impression in the parole care on 28-6-1993. It was further pleaded that the petitioner committed a jail offence and was punished to cut remission for 10 days. The conduct of the petitioner cannot be considered as satisfactory. Besides that one week parole was granted to the petitioner by the District Magistrate, Jind, vide order dated 20th April, 1992, for treatment of his ailing mother. The prayer for grant of parole has been mainly resisted on the ground that the District Magistrate has not recommended the case of the petitioner for grant of parole. The learned counsel for the parties have been heard. Copy of the letter from Additional Director General of Prisons, Haryana, addressed to the Superintendent, District Jail, Jind shows that the case for grant of parole to the petitioner was rejected on the report of the District Magistrate, Jind, that his release would endanger the public peace. Annexure R-1 referred to above does not in any manner indicate the basis on which the District Magistrate made his report for not recommending the release of the petitioner on parole. Under Section 6 of the Act, release of the petitioner under Sections 3 and 4, no prisoner shall be entitled to be released under this Act (which also includes prayer for grant of parole) if the District Magistrate or the State Govt. is satisfied that his release is likely to endanger the security of the state or the maintenance of public order. It clearly indicates that such release is not to be allowed if the release is likely to endanger the security of maintenance of the public order. In the absence of any cogent reasons it cannot be reasonably inferred that the release of the petitioner on parole was likely to endanger the security of the state or the maintenance of the public order. Thus neither the District Magistrate was justified in not recommending the case of the petitioner nor the Additional Director General of Prisons Haryana, Chandigarh was legally entitled to decline the prayer for grant of parole to the petitioner, in view of the infirmity in the report of the District Magistrate referred to above.
(3.) FOR the foregoing reasons, the petitioner is directed to be released on parole under Section 3(1)(d) of the Act for a period of four weeks subject to his furnishing personal and surety bonds to the satisfaction of District Magistrate Jind. After the parole period is over, the petitioner shall surrender before the Jail Authorities. This petition is accordingly disposed of. Petition disposed of.;