High Courts

Rajmal vs State of Haryana and ors.

Punjab And Haryana At Chandigarh · Decided on 8 June 1988 · Citation: (1989) 1 RCR(Criminal) 95

HON’BLE JUDGES
S.D.Bajaj, J
CASE NUMBER
Criminal Writ Petition No. 602 of 1988
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Judgment

4 paragraphs · 247 words

S.D. Bajaj, J.

1.

Petitioner Rajmal is undergoing life imprisonment in Central Jail Hissar, from 1791984. His undertrial period from 2061982 to 1791984 of 2 years 3 months is also to be adjusted towards life imprisonment. In this way the petitioner had undergone 7 years 8 months and 28 days imprisonment in Jail, till 2131988 the date of filing of Criminal Writ Petition No. 602 of 1988. The petitioner applied for grant of six weeks parole for agricultural purposes to the Superintendent Central Jail. Hissar, respondent No. 3 on 3181987. District Magistrate, Hissar, turned down his request in this behalf on 30121987 on the ground that it will pose danger to the opposite party in the village.

In similar circumstances it was held in Massa Singh v. The State of Punjab and others, 1987(1) Recent Criminal Reports 58 , "The return filed by the respondents indicates that the only ground on which the petitioner''s prayer has been rejected is that the temporary release of the petitioner will pose danger to his opposite party in the village. There is nothing to show as to on what material this apprehension has been entertained. In my opinion, therefore, the rejection of the petitioner''s prayer on this ground is not justified."

Agreeing with the view taken by my learned brother Pritpal Singh, J. (as his lordship then was), the petitioner Rajmal is ordered to be released on parole for a period of six weeks to the satisfaction of District Magistrate, Hissar.