Rajender vs State of Haryana and Others

Nawab Singh, J.

Counsel heard.

Notice of motion. Mr. Satyavir Singh Yadav, Deputy Advocate General, Haryana, accepts notice on behalf of Respondents - State.

Rajender son of Ram Diya is undergoing imprisonment for a period of ten years in case registered against him vide First Information Report No. 168 dated September 26th, 2005 under Sections 307, 333, 353, 399, and 402 of Indian Penal Code in Police Station Kharkhoda, District Sonepat and is confined in District Jail, Karnal.

By this petition, Petitioner has urged that his case for temporary release for agricultural operation is pending with the Commissioner, Rohtak since October 13th, 2010 and the same has not been decided as on date.

State of Haryana vide circular dated April 7th, 1999 has fixed time limit for processing the request for parole/furlough contemplating that a request of parole should be processed by District Magistrate within 21 days, Superintendent of Jail within 5 days and Director General of Police within 10 days in case temporary release is sought u/s 3(1)(c) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988. It was also observed by a Division Bench of this Court in Varun alias Gullu v. State of Haryana and Ors. in Criminal Misc. No. M-34013 of 2009 decided on April 26th, 2010 that request for parole/furlough should be strictly followed by the competent authority within the time limit fixed by the State of Haryana vide circular dated April 7th, 1999.

In view of above, the Commissioner, Rohtak is directed to decide the case of the Petitioner for release on parole in accordance with law immediately on receipt of this order.

Disposed of.