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Gurdev Singh v. State Of Haryana

Gurdev Singh v. State Of Haryana

(High Court Of Punjab And Haryana)

Criminal Miscelleanous Petition No. 6263 of 2001 | 13-03-2000

Amar Dutt, J.

1. Gurdev Singh, petitioner, who is serving imprisonment for life in Central Jail, Ambala has moved the present petition for the grant of parole. It has been mentioned in the petition that marriage of his son Jaswinder Singh has been fixed for 17.3.2001 with Sukhwinder Kaur daughter of Ujagar Singh of village Kurali. Wife of the petitioner is about 52 years of age and often remains sick. There is thus no one to look after the agricultural affairs on the land of the petitioner in his absence. His request in this behalf had been rejected by the respondents on the ground that District Magistrate, Ambala had mentioned in his report that the other family members of the petitioner can look after the agricultural affairs. Along with the petition, he has appended copy of the impugned orders Annexure P1.

2. In the reply filed on behalf of the respondents by the Superintendent, Central Jail, Ambala reliance is mainly placed on the report of the District Magistrate, Ambala, according to which the assertions made by the petitioner were found to be incorrect. Learned counsel appearing on behalf of the petitioner states that the mere fact that the other members in the family of the petitioner are also looking after the land belonging to him would be itself no ground for rejecting the application for parole. This argument has to be accepted. There is no material on the record which would show that either the petitioner or other members of his family are being land owners who do not have to rely on manual labour for completing their agricultural operations. In a country where agricultural work is being carried out without having any resort to mechanical equipments that would be available in other more advanced countries, every additional hand which may be available at the time of sowing, reaping, watering etc. of the crop would be welcome to the owner of the land.

3. I am of the considered view that even if he is released for a limited period, the petitioners presence may be of some assistance to the members of his familys effort to properly cultivate their agricultural operations. In this view of the matter, this petition is allowed and the order passed by the Director General of Prisons, Haryana dated 8.1.2001 is set aside and the respondents are directed to release the petitioner on parole for a period of three weeks on his furnishing requisite bail and surety bonds to the satisfaction of the District Magistrate, Ambala 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 i.e. on 5.4.2001. The petitioner shall not commit any offence during the period of parole and he shall avail the parole only for the purpose it was applied for. In case the petitioner violates any term or condition of bail bond, it will to be open to the State to take the petitioner into custody.

4. Petition allowed

Advocate List
  • For Petitioner : Mr. Ashwani Talwar, Adv.
  • For Respondent : Mr. Rajesh Bhardwaj, AAG
Bench
  • HON'BLE JUSTICE AMAR DUTT, J.
Eq Citations
  • 2000 (4) SCT 130 (P&H)
  • 2001 (4) RCR (CRIMINAL) 199
  • 2000 (3) RCR (CRIMINAL) 335
  • LQ/PunjHC/2000/295
Head Note

Penal Code, 1860 — S. 432 — Parole — Grant of — Marriage of son — Land of petitioner — Need of petitioner's presence for proper cultivation of agricultural operations — Petition allowed — Parole granted for three weeks