HARMOHINDER KAUR SANDHU, J. - (1.) TEK Chand who is undergoing imprisonment for life and is confined in District Jail, Gurgaon, has filed this petition under Section 482 of the Code of Criminal Procedure for his temporary release on parole.
(2.) AS per the averments made in the petition, the petitioner was convicted in a case of murder by Additional Sessions Judge, Faridabad, vide judgment dated 20.1.1989. On 3.3.1993 he applied to Superintendent, District Jail, Gurgaon for temporary release for agricultural purposes on the ground that the only source of livelihood of his family was the income from the land belonging to him situated in village Mohna. There was no adult male member in the family who could perform agricultural operations and his temporary release was necessary for ploughing, sowing, harvesting and carrying out other agricultural operations. His case for release was not recommended by District Magistrate, Faridabad and so it was rejected vide order Annexure P/1 on the ground of apprehension of breach of peace. His conduct inside the jail remained good and he was never convicted of any jail offence. He had also availed parole three times. In the return filed by the respondent it was alleged that the petitioner was released on emergency parole for a period of three weeks on 23.5.1992 to perform the last rites of his son who was murdered by the opposite party on 22.5.1992. While litting the pyre of his son the petitioner proclaimed that he will avenge the murder of his son by killing two persons. Although earlier agriculture parole was ordered but the bonds submitted by the petitioner were not accepted as there was apprehension of breach of peace and his release warrant was subsequently cancelled.
(3.) I have heard the counsel for the parties.;