HARMOHINDER KAUR SANDHU,J - (1.) GURDIAL Singh petitioner was sentenced to undergo imprisonment for life by the learned Sessions Judge, Faridabad, vide judgment dated 29.3.1982 after his conviction in a case under Sections 302/34, 307 and 307/34 of Indian Penal Code. At present he is confined in Central Jail, Gurgaon. He has filed this petition under Section 482, Criminal Procedure Code for his release on parole for four weeks under Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988.
(2.) THE petitioner alleged that he owned residential house bearing No. V-177-178, Gandhi Colony, N.T.T. Faridabad which was being occupied by his mother who was of the age of 80 years. The house was in a deplorable condition and was unsafe for residence. It could collapse at any time. His mother being an old woman was unable to undertake the repairs. There was no other member in the family who could get the house repaired. In support of his allegations he filed one certificate issued by President, Gandhi Nagar Sudhar Samiti, Faridabad and an affidavit sworn by Satya Rani, his mother. In the return filed by the respondent it was alleged that the petitioner did not own any house and the house was owned by his mother. The parole case of the petitioner was rejected by Additional Director General of Prisons, Haryana, Chandigarh, vide order dated 5.2.1993 on the basis of the report of the District Magistrate to the effect that the petitioner did not own any house of which the repair was to be conducted and there was danger of breach of peace in case he was released on parole. It was further alleged that the averments in the petition that there was no body in the family to conduct the repair of the house was false and contrary to the facts. The petitioner had two brothers Kuldeep Singh and Harvinder Singh who often came to meet the petitioner in jail and they were in a position to effect repair of the house. The brothers of the petitioner lived in the same house.
(3.) I have heard the counsel for the parties.;