LAWS(P&H)-2000-8-95

HARNEK SINGH Vs. STATE OF PUNJAB

Decided On August 08, 2000
HARNEK SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) PETITIONER -Harnek Singh has filed this petition asserting that the application moved by him to the respondents for grant of parole under the provisions of Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 in order to enable him to repair his house was rejected on the ground that "there is apprehension of (breach of) peace in the village due to the release of the prisoner because there is friction among groups in the village. Along with the petition, he has annexed a copy of the report of the Gram Panchayat of Village Mangeyana, which indicates that "there is no danger to peace of any body due to this release."

(2.) IN the reply filed on behalf of respondents by the Chief Welfare Officer, office of the Inspector General of Prisons, Punjab reliance was sought to be placed on the report of the District Magistrate for submitting that the petitioner's application had been rightly rejected.

(3.) ACCORDINGLY , 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, Sirsa, 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.