Hari Singh vs State of Haryana

G.S. Chahal, J.

Hari Singh petitioner by means of this petition under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India seeks six weeks agricultural parole.

The petitioner was convicted and sentenced to life imprisonment for an offence under Section 302 of the Indian Penal Code by the Sessions Judge, Rohtak, vide judgment dated 28th November, 1991. He claims to have remained an under trial from 1st November, 1988 and not enjoyed any parole and further that he has not committed any jail offence and he may be released on parole for agricultural purpose.

The respondents have contested this petition on the basis that the petitioner was not entitled to parole till be undergoes one year''s actual sentence without taking into consideration his detention as an under trial prisoner.

Instructions Annexures R1 and R2 are relied upon. After hearing the counsel, I am of the view that the instructions are in consonance with the spirit of the Act. The petitioner became convict only with effect from 28th November, 1991 i.e. date of his conviction. He will be entitled to claim concession only after he has undergone some period of imprisonment, which the State has rightly fixed as one year.

A direction is issued that after 28th November, 1992, the petitioner shall move an application to the authorities for grant of concession of agricultural parole which matter shall be decided within three weeks.

This direction is being given in view of the fact that the petitioner had undergone more than three years of undertrial period prior to the date of conviction.

With this direction this petition stands disposed of.