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2006 DIGILAW 546 (PNJ)

Hawa Singh v. State Of Haryana

2006-02-20

BALDEV SINGH

body2006
Judgment 1. This petition has been filed under Sec.482 Cr. P. C. for directing the respondents to release Hawa Singh petitioner for six weeks on parole in accordance with Sec.3 of the Haryana Good Conduct prisoners (Temporary) Release Act, 1988 in order to enable him to do the agricultural work. 2. It is averred in the petition that the petitioner is undergoing life imprisonment having been convicted in case FIR No.4 dated 1.1.1994 under sections 302, 342, 304 read with Sec.34 IPC of Police Station sadar dadri, District Bhiwani. He has maintained good conduct in the jail. He applied for his release on parole to enable him to do agricultural work. 3. He had appended a certificate of the Gram Panchayat of village Dhani faughat, district Bhiwani recommending his release on parole. There is no other male member in the family, who could do the agricultural work. All the brothers of the petitioner are in jail. The case of the petitioner for release on parole was rejected illegally and without application of mind vide order dated 3.6.2005 (Annexure P-1 ). 4. It is prayed that the impugned order denying the release of the petitioner on parole be set aside and the petitioner be released on parole for a period of six weeks. 5. Notice of this petition was given to the respondents. The superintendent, District Jail, Bhiwani has filed reply on behalf of all the respondents. Arguments of the Ld. Counsel for the petitioner and of the assistant Advocate General, Haryana were heard and the documents place on the file have been perused. The impugned order dated 3.6.2005, vide which parole was denied to the petitioner is non-speaking and is not based on any reason. In para No.2, it is simply stated that the District Magistrate, Bhiwani after investigation of the parole case, stated in his report that the superintendent of Police, Bhiwani did not give his consent for the release of the petitioner. Therefore, the District Magistrate, Bhiwani has not recommended the parole of the petitioner. It is an illegal order. No reason has been given for not extending the benefit of parole to the petitioner. 6. The petitioner has stated in his petition that all his brothers are in jail and this fact has not been controverted by the respondents. There is no other male member in the family to do agricultural work. It is an illegal order. No reason has been given for not extending the benefit of parole to the petitioner. 6. The petitioner has stated in his petition that all his brothers are in jail and this fact has not been controverted by the respondents. There is no other male member in the family to do agricultural work. It is also mentioned in the petition that the Gram Panchayat has certified the fact that there is no other male member in the family to do agricultural work and this fact has also not been controverted by the respondents. 7. It was observed in the case of Subash V/s. State of Haryana and another, 2004 (2) RCR (Criminal) 491 that: (1) Object of sentencing is not just punishment but also reform. (2) Parole should be the rule and denial of parole should be exception. (3) Denial of parole amounts to punishing the convict twice: once for committing the offence and again by denying him parole. (4) Recommendation of police should not be blindly followed. District Magistrate should examine the case on merits. (5) Denial of parole amounts to denial of an opportunity to live. In view of the above, this petition is allowed and the respondents are directed to release the petitioner on parole for a period of four weeks on his furnishing the requisite bail and surety bonds to the satisfaction of the District Magistrate, Bhiwani, who shall order for the release of the petitioner on accepting the bail and surety bonds. The petitioner shall surrender before the jail authorities after the expiry of the period of parole. He shall not commit any offence during the period of parole and shall avail the parole only for the purpose of agricultural work.