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2014 DIGILAW 945 (PNJ)

Yogesh v. State of Haryana

2014-06-06

LISA GILL, S.S.SARON

body2014
JUDGMENT Mr. S.S. Saron, J.: - Written statement of Shri Deepak Sharma, Superintendent, District Jail, Faridabad, on behalf of respondents No.1 to 4, filed today in Court is taken on record. 2. Heard learned counsel for the parties. 3. The petitioner seeks temporary parole for seven days so as to get the agreement to sell registered in favour of Jagpal son of Narain, to sell his land as he is in need of money to repay the loan taken by the petitioner on his land. 4. According to the petitioner, he wants to sell his land to Jagpal son of Narain of village Machghar, Tehsil Ballabgarh, District Faridabad and for the said purpose, he has to execute a registered agreement to sell with the above said person. 5. In terms of the reply, it is submitted that during the search in jail, a mobile phone was detected from the petitioner and case FIR No. 05 dated 11.01.2014 was registered at Police Station Sadar, Ballabgarh, for the offence under Section 42 of the Prisons Act. Therefore, in view of Section 2 (aa)(iv) of the Haryana Good Conduct Prisoners (Temporary Release) Amendment Act, 2012, the petitioner is not entitled for temporary release. It is submitted that the facility of parole is not a right but a concession and there is no provision for release on parole for registration of a sale deed. 6. The matter has been considered. The petitioner has to enter into a sale deed/agreement to sell his land to raise money therefrom to repay the loan taken by him. For the said purpose, he is to go to the office of Sub Registrar to execute necessary sale deed/agreement. 7. In the facts and circumstances of the case, it would be just and expedient that the petitioner is taken to the office of Sub Registrar at Tehsil Ballabgarh for registration of the sale deed/agreement under the supervision and custody of jail authorities by seeking necessary escort/guards from the police. The petitioner shall intimate the date of any working day on which the sale deed is to be executed and on the said date he be taken. 8. The writ petition is, accordingly, disposed of. ---------0.B.S.0------------ —————————