Rohtas vs State of Haryana

S.S. Grewal, J.

This petition relates to grant of parole to the petitioner in order to enable him to carry out repair of his house. Rohtas, petitioner is a lifter and lives separately from his other family members, only his old age parents live with him whereas his other brothers live separately. Prayer for grant of parole finds support from the Panchayatnama (Annexure P1). The house is stated to be in dilapidated condition and needs urgent repairs.

Prayer for grant of parole has been opposed on behalf of the State on ground that as per the report of the District Magistrate, temporary release of the petitioner on parole will endanger public peace and order. On this basis, case of parole concession was declined by Additional Director General (Prisons), Haryana.

Under Section 6 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as the Act) concession of parole could be declined to the petitioner only if his release is likely to endanger the security of the State or the maintenance of public order. As per reply filed by the State, temporary release of the petitioner on parole would endanger the public peace and order. Neither the report of the District Magistrate has been filed nor any other material on the basis of which such a report is based has been produced. As such there does not seem any cogent basis to hold that grant of parole to the petitioner would endanger the maintenance of public order or the security of the State as contemplated under Section 6 of the Act. There seems to be no cogent reason to deline prayer for his release on parole.

For the foregoing reasons the petitioner is directed to be released on parole under Section 3(1)(d) of the Act for a period of four weeks subject to his furnishing adequate security bonds to the satisfaction of Chief Judicial Magistrate, Panipat. After the period of parole is over, the petitioner shall surrender before the Jail Authorities concerned. The petition is accordingly allowed.