Sarvar vs The State of Haryana and others

DAYA CHAUDHARY, J. ( ORAL)

The prayer in the present petition is for issuance of a writ in the nature of mandamus directing the respondents to grant emergency parole to the

petitioner for a period of six weeks for agricultural work in view of provisions of Section 3 (1) (c) of the Haryana Good Conduct Prisoners

(Temporary Release) Act, 1988 (here-in-after referred as 'the Act'). A further prayer has also been made for issuing directions to respondents No.2

and 3 to decide the pending application of the petitioner for parole within some reasonable time.

Admittedly, the petitioner has moved an application for grant of parole for agricultural work before the jail authorities, which is stated to be pending

before respondent No.3 - Commissioner Karnal Division, Karnal. Petitioner is confined in District Jail, Karnal in case FIR No.269 dated 15.05.2007

under Sections 489-A/489-B/489-C/489-D IPC registered at Police Station City Karnal, Distt. Karnal.

Petitioner was convicted for said offences by the trial Court vide judgment dated 02.09.2009 and vide order dated 03.09.2009, he was sentenced to

undergo rigourous imprisonment for seven years with fine. Petitioner filed appeal before this Court, which was also dismissed on 29.04.2015.

Petitioner has undergone sentence of more than 04 years out of total 07 years. By mentioning that petitioner has wife, children and old aged parents

and he is the only bread winner in the family for doing the agricultural work, he made a written request for grant of parole to harvest wheat crop vide

dispatch No.1479-80 dated 29.01.2018. Earlier also, he was granted parole and that concession was not misused by him. The application moved by the

petitioner has not been decided and same is still pending.

Learned counsel for the petitioner submits that petitioner would be satisfied in case directions are issued by this Court to respondent No.3 to take

action on the pending application as no other male family member is there to take care of the crop.

As per provisions of Section 3 (1) (c) of the Act, the petitioner is entitled for grant of parole for ploughing, sowing and harvesting or carrying out any

other agricultural operation on his land or his fathers undivided land, actually in possession of prisoner. The application of the petitioner for parole is still

pending with respondent No.3 as no action has been taken.

Accordingly, the present petition is disposed of with a direction to respondent No.3 to decide the pending application of the petitioner in accordance

with law within a period of ten days from the date of receipt of certified copy of this order.