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Judgment
H.S. Bedi, J. (Oral)
The petitioner who is presently undergoing the sentence of life imprisonment in the Central Jail, Hisar, had applied for his release on parole in the
early part of this year. This request of the petitioner was declined on the ground that the District Magistrate after receiving the report from the
Police had not recommended his case as there was an apprehension that in case he was released, there would be a danger to the public peace.
Aggrieved by this action, the petitioner challenged the order of the authorities declining his case for release on parole in Crl. Misc. No. 6552M of
1994 which came up for final hearing on 25th July, 1994 and as disposed of with the direction that the matter be reconsidered within a period of
two months keeping in view the fact that a mere apprehension of breach of peace was not a ground for the rejection of the case of parole. The
matter was thereafter reconsidered by the authorities in the light of the judgment of this court but has once again been rejected vide Annexure RI
on the ground that there could be a danger to the public peace in case he was released.
Mr. S.S. Rana, learned counsel for the petitioner, has urged that the order Annexure R.I. could not be sustained in the light of the fact that this
Court had in the first Crl. Misc. application given a categorical finding that a mere apprehension of breach of peace was not one of the grounds
envisaged under section 6 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 whereby the temporary release could be
denied to a prisoner, but despite this order the respondents have rejected the case of the petitioner on the very same ground.
After going through the facts of the case and the documents on record I find that this assertion of the learned counsel is correct and could not be
even remotely controverted by the learned State Counsel. This petition is accordingly allowed and a direction is issued to the respondents to
release the petitioner forthwith on parole for the period applied for by him to the satisfaction of the District Magistrate, Hisar. The costs of the
petition are also assessed at Rs. 5,000/ which will be paid into the accounts of the petitioner maintained in the Jail within a period of two months
from the date a copy of this order is supplied to them.