Nagina vs State of Haryana

A.S. Nehra, J.

Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for issuing direction to the respondents to release the petitioner on parole under Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988. Petitioner has stated that the family of the petitioner consists of his old ailing father and mother who are living in a dwelling unit situated in the village. He has further stated that the petitioner and his two brothers, in all three brothers are also undergoing imprisonment in Central Jail, Ambala and the house of the petitioner is in a dilapidated condition which requires immediate repair.

Notice of this petition was given to the respondents. Amended written statement has been filed on behalf of the respondents by Randhir Singh, Superintendent, Central Jail, Ambala. In the written statement, it has been submitted that the parole case of the petitioner was sent to the District Magistrate, Mau (Uttar Pradesh). The District Magistrate did not recommend the release of the petitioner on parole and after considering the adverse report of the District Magistrate, Mau (U.P), the parole case of the petitioner was rejected by the Addl. Director General of Prisons. District Magistrate has reported that there are three other adult members of the family of the petitioner who look after the family affairs and as such there is no ground for releasing the petitioner on parole.

After hearing the counsel for the parties, I am of the view that this is a fit case in which petitioner should be released on parole because the District Magistrate has not given the detail of the other three members who are adults in the family of the petitioner.

In view of the above discussion, this petition is allowed. Petitioner is granted parole for four weeks subject to the condition that he will furnish bonds to the satisfaction of the District Magistrate, Ambala.