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2010 Supreme(P&H) 3366
PUNJAB & HARYANA HIGH COURT
Ram Chand Gupta, J.
Kaptan @ Parveen
Versus
State Of Haryana
Crl. Writ Petition No. 1568 of 2010,
Decided On : DECEMBER 17, 2010
The refusal of release on agricultural parole should align with the grounds mentioned in the Act, and the behavior of the prisoner in jail should be considered in such decisions.
Headnote:
Agricultural Parole - Release of Prisoner - Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3, Section 6
Fact of the Case:
The petitioner, a convicted prisoner, filed a petition for release on agricultural parole under the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988. The competent authority had rejected the petitioner's release on the ground that the land for agricultural parole was owned by the petitioner's father and cultivated by the family.
Finding of the Court:
The court found that the petitioner's behavior in jail was satisfactory, and the refusal of release on agricultural parole solely based on land ownership did not justify the grounds mentioned in Section 6 of the Act. The court allowed the petition and set aside the impugned order, directing the respondents to reconsider the petitioner's case for release on agricultural parole.
Issues: The main issue was whether the petitioner was entitled to release on agricultural parole under the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, despite the land being owned by the petitioner's father.
Ratio Decidendi: The court held that the refusal of release on agricultural parole solely based on land ownership did not align with the grounds mentioned in Section 6 of the Act, as the petitioner's behavior in jail remained satisfactory and additional hand was required for agricultural operations.
Final Decision: The court allowed the petition, set aside the impugned order, and directed the respondents to reconsider the petitioner's case for release on agricultural parole.
Ram Chand Gupta, J.
1. The present petition has been filed under Article 226 of the Constitution of India read with Section 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for short the Act) for release of the petitioner on agricultural parole.
2. Reply has been filed on behalf of respondent-State. Custody certificate has also been produced and the same is taken on record.
3. I have heard learned counsel for the parties and have gone through the whole record.
4. Admitted facts are that, petitioner was convicted and sentenced to undergo imprisonment for life in FIR No. 264 dated 23.05.2003, under Sections 148/149/302/307/333/353/186 IPC and Section 25 of Arms Act, Police Station Civil Lines, Rohtak by learned Additional Sessions Judge, Rohtak vide order dated 11.08.2008. He filed appeal against the said judgment, which was dismissed by this Court. Now petitioner is undergoing the sentence in the District Jail, Narnaul. He has already undergone 7 years 5 months and 14 days of sentence excluding parole. He has undergone more than 2 years 4 months and 6 days of sentence after conviction. He has earlier availed parole of one week from 04.06.2009 to 12.06.2009 and for four weeks from 23.04.2010 to 22.05.2010 and one furlough of three weeks from 21.11.2009 to 13.12.2009. Request of the petitioner for his release on agricultural parole was duly recommended by Superintendent, District Jail, Narnaul vide his office letter No. 2669-70 dated 07.06.2010 as the petitioner was found entitled for the same as per the Act, the rules and the instructions. However, release of the petitioner was rejected by the competent authority on the ground that land is owned by father of petitioner and cultivated by the family.
5. Section 3 of the Act provides that a convict can be released on parole which reads 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) a member, of the prisoners family had died or is seriously ill or the prisoner himself is seriously ill; or
(b) the marriage of prisoner himself, his son, daughter, grandson, grand-daughter, brother, sister, sisters son or daughter is to be celebrated; or
(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 fathers undivided land actually in possession of the petitioner.
(d) it is desirable to do so for any other sufficient cause.
(2) The period for which a prisoner may be released shall be determined by the State Government so as not to exceed- (a) where the prisoner is to be released on the grounds specified in clause (a) of sub-section (1), three weeks;
(b) where the prisoner is to be released on the ground specified in clause (b) or clause (d) of sub-section (1), four weeks; and
(c) where the prisoner is to be released on the grounds specified in clause (c) of sub-section (1), six weeks; Provided that the temporary release under clause (c) can be availed more than once during the year, which shall not, however, cumulatively exceed six weeks.
(3) The period of release under this section shall not count towards the total period of the sentence of a prisoner.
(4) The State Government may, by notification, authorize any officer to exercise its powers under this section in respect of all or any other ground specified thereunder."
6. Further Section 6 of the Act provides for the grounds on which the parole can be refused, which reads as under:
"6. Prisoners not entitled to be released in certain cases. - Notwithstanding anything contained in Sections 3 and 4, no prisoner shall be entitled to be rele
