Ranbir Singh vs State of Haryana

Sat Pal, J. (Oral)

This petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure (in short ''the Code'') seeking parole for a period of six weeks on the ground that the mother of the petitioner is cancer patient and the petitioner wants to serve his mother during her serious illness.

Notice of this application was issued to the Advocate General, Haryana. Reply has been filed on behalf of the State. In reply, it has been stated that the petitioner is a daredevil person and in the event of temporary release any mishap could occur. In support of this averment the learned AAG has drawn my attention to Annexure R3, which is based on the report submitted by the police.

Ms. Niti Kaushal, learned counsel appearing on behalf of the petitioner submits that allegation'' that the petitioner is a daredevil person and in the event of his temporary release on parole any mishap could occur'', is vague one and is not based on any material on record. She further submits that so far apprehension of breach of peace is concerned that can be ensured by imposing conditions on the petitioner. In support of her submission, the learned counsel has placed reliance on two judgments of this Court in Gurmit Singh v. Director General of Prisons Haryana, 1988(1) All India Criminal Law Reporter 325 and Layakat Ali v. State of Haryana, 1990(2) All India Criminal Law Reporter 485.

I have heard the learned counsel for the parties and have perused the record.

From the record I find that averments made in the reply that "the petitioner is a daredevil person and in the event of his temporary release any mishap could occur," is not supported by any material on record. Since the mother of the petitioner is seriously ill and the allegations made in the reply are not supported by any material, I am of the view that it is a fit case for grant of parole. Accordingly, I direct that the petitioner shall be released temporarily on parole for a period of four weeks from the date of his release on his furnishing bail bond in the sum of Rs. 25,000/ with one surety of the like amount to the satisfaction of the District Magistrate, Rohtak, with an undertaking to keep peace and be of good behaviour during the said period. With this order, this petition stands disposed of.