Punjab & Haryana HC allows agricultural parole prayer as except convict, there was no other person available to take care of land

Read Order: Naresh @ Ghisu v. State of Haryana and others 

LE Staff

Chandigarh, November 9, 2021: While setting aside the order of the Divisional Commissioner, Karnal,the Punjab and Haryana High Court has directed a convict-petitioner to be released on parole for a period of six weeks for agricultural purposes.

The petitioner had approached this Court, by way of present petition, praying for issuance of a writ of certiorari for quashing of the order, by which the Divisional Commissioner, Karnal Division, Karnal, had rejected the agricultural parole prayer of the petitioner on the ground that the agricultural land was not in the name of the petitioner.

The petitioner’s counsel stated that the petitioner is the original owner of the land and it is after the conviction that the transfer deed was entered into by the father of the petitioner in the name of his grandsons namely Ravi and Rahul sons of Naresh (petitioner) and Vinod and Sahil, sons of Jagmender Singh. 

This exercise had taken place on February 11,2020, which factum had been now verified on directions issued by this Court by the Deputy Superintendent, District Jail, Panipat. It was contended that in the light of this factual position, there being no person to take care of the land and ploughing it and his both sons having been residing outside the village, the agricultural parole may be granted to him.

The State Counsel, in compliance with the earlier order, which had been passed by this Court, filed affidavit of the Deputy Superintendent, District Jail, Panipat, where in para 4 of the said affidavit, the factum with regard to the fact that transfer of the immovable property within blood relation was done on February 11,2020, stood acknowledged. 

It was keeping in view, these factual assertions, that the Division Bench of Justice Augustine George Masih and Justice Sandeep Moudgil did not find any ground for not granting the prayer of the petitioner for releasing him on agricultural parole.

Thus, the petitioner was directed to be released on parole for a period of six weeks for agricultural purposes.