Bhana Ram vs State of Haryana

G.S. Chahal, J.

Bhana Ram who is a life convict has come to this Court in this petition under Section 482 Cr.P.C. for issuance of a direction to the respondents to release him on six weeks agricultural parole.

The petitioner was convicted by the Court of Sessions, Sirsa, vide order dated November 17, 1987 and according to the petitioner''s averments, he had maintained good conduct inside the jail. On April 20, 1990, he applied for parole and his application was forwarded by Superintendent of Jail to the District Magistrate but the. same was rejected on the basis that there can be apprehension of maintenance of public peace.

No return has been filed by the respondents in spite of the opportunities allowed. Today was the last opportunity allowed. I assume the facts stated in the petition to be correct.

The very fact that the Superintendent of Jail forwarded the application of the petitioner for grant of parole will indicate that the conduct of the petitioner during is confinament in the jail had remained satisfactory. A convict should be given an opportunity of coming out of jail for socialisation so that when he comes out of jail after undergoing imprisonment, he proves to be a good citizen. This concession cannot be refused on flimsy grounds. The respondents having not placed any material on record to show as to what influenced the District Magistrate in forming his opinion that the release of the petitioner can endanger the maintenance of public peace, the order is not sustainable. Under the Haryana Good Conduct Prisoners (Temporary Release) Act, there are sufficient provisions for ensuring good conduct of the convict during parole period.

I hereby allow the petition and issue a direction to the respondents to release the petitioner on six weeks'' parole for agricultural purposes on his furnishing necessary bonds to the satisfaction of District Magistrate, Sirsa. With this direction, the petition stands disposed of.