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Judgment
5 paragraphs · 259 wordsK.S. Bhalla, J.
Temporary release on parole for 42 days is sought on the ground of agricultural purposes. The same was refused mainly on the ground that fields of convict were being ploughed by his brother, as per annexure R1. The position with regard to availability of a friend of the prisoner or a member of his family to help him in the agricultural operations stands changed as per the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 wherein that part of the relevant provision i.e. clauses (c) of subsection (1) of section 3 stands deleted. The same now runs as under :
"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 father''s undivided land actually in possession of the prisoner;"
So far as possession of the prisoner is concerned, the same is not denied in annexure R1. On the other hand, fields have been mentioned as those of the convict. It is also accepted that they are cultivatable so as to suggest that ploughing, sowing or harvesting etc. is required. In this situation of the matter, rejection of the prayer of the petitioner for temporary release on parole is wholly unjustified particularly when the same was made on 31.10.1988 i.e. after Haryana Act 28 of 1988 was published in the official gazette on 13.9.1988.
In the result, I allow this petition and direct that petitioner Karnail Singh be released on 6 weeks'' parole to the satisfaction of District Magistrate, Jind.