Narender Singh vs State of Haryana

V.S. Aggarwal, J.

This is a petition filed by Narender Singh under section 482 of the Code of Criminal Procedure and Articles 226/227 of the Constitution of India for a direction to extend the temporary release parole of the petitioner for three more weeks under section 3(2) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988.

The petitioner has been convicted and sentenced to imprisonment for life by the Sessions Judge, Ambala on 16.12.1986. It is alleged that he owns an agricultural land in village Landi Police Station Shahabad Markanda, District Kurukshetra. There is no adult male member in the family except his old father. In this process, there is no male member to look after the agricultural work. The petitioner applied for his temporary release on parole for carrying out agricultural operations under section 3(1) (c) of the above said Act for six weeks. The petitioner was granted three weeks temporary parole.

The claim of the petitioner is that since sowing season of ''Rabi'' crops is to be completed, his parole period may be extended by another three weeks, so that the sowing of ''Rabi'' crop can be completed.

In the reply filed, the petition has been contested. It was admitted that the petitioner has been granted the concession of parole for three weeks. There is no right of the petitioner to claim parole for six weeks. In the alternative, the respondent''s counsel asserts that the sowing season of the Rabi crop is already over.

Section 3(1) and (2) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 reads as under

"3(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 subsection (2), any prisoner, if the State Government is satisfied that :

(a) a member of the prisoner''s 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, sister''s 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 father''s undivided land actually in possession of the prisoner; or

(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 subsection (1), three weeks;

(b) where the prisoner is to be released on the ground specified in clause (b) or clause (d) of subsection (1), four weeks, and

(c) where the prisoner is to be released on the grounds specified in clause (c) of subsection (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."

The relevant provisions permit the State Government to release on parole a prisoner for ploughing, sowing or harvesting or carrying any other agricultural operation under subsection (2) to section 3. The maximum period for which a prisoner can be released on parole on the ground that sowing or harvesting is to be done in six weeks. Admittedly, the prisoner was released for a period of three weeks by the authorities. It was for the Jail authorities to consider the period of parole to be given to a convict in a given case, which under no circumstances, can exceed the period mentioned above. Otherwise also, it has rightly been pointed out that the sowing season has come to an end. When the discretion has been exercised and it is not shown that is arbitrary, there is no ground to interfere.

For the above reasons, petition being without merits, fails and is dismissed.