LAWS(P&H)-2000-9-36

JAI RAM Vs. STATE OF PUNJAB

Decided On September 12, 2000
JAI RAM Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) PETITIONER Jai Ram, who is undergoing imprisonment for life had moved the respondents for being granted parole in order to enable him to repair his house and meet his family. This application after it had been duly processed was rejected on the ground that as per the report of the opposite side and the local police there is apprehension of breach of peace in case the petitioner is granted parole. This order is sought to be challenged on the ground that apprehension of breach of peace does not constitute a valid ground under Section 6 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, (in short the Act) for denying parole to the petitioner.

(2.) IN the written statement filed on behalf of the respondents, the Chief Welfare Officer, office of the Inspector General Prisons, Punjab relied upon the grounds incorporated in the order dated 30.3.2000, Annexure P-2 for justifying the denial of parole to the petitioner.

(3.) ACCORDINGLY , the respondents are directed to release the petitioner on parole for a period of two weeks on his furnishing requisite bail and surety bonds to the satisfaction of the District Magistrate, Kapurthala, 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. 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 be open to the State to take the petitioner into custody. Petition allowed.