MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NOTICE of motion to A.G. Punjab. Mr. R.P.S. Athwal, AAG, Punjab accepts notice on behalf of the State of Punjab. Copy of the petition furnished to him. Heard forthwith.

(2.) THIS petition seeks the release of the petitioner on parole under Section 3(1)(b)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter referred to as the Act). The petitioner seeks release on parole in order to attend the marriage of the daughter of the petitioner's widowed sister which has been fixed for 11.11.2000. There is no other male member in the family of the sister of the petitioner who can perform the Kanya Dan. An application was submitted by the sister of the petitioner requesting the jail authorities for the release of the petitioner. It has been stated that the marriage cannot possibly take place without the participation of the petitioner. This application has been endorsed by the Panchayat of Sukhera Bodla. The petitioner was the only male member who was supporting the widowed sister and her family financially. As proof of the fact that marriage has been arranged, wedding card has been attached with the petition. The application of the petitioner has been rejected on the ground that there is no provision for parole for convicts who are serving the sentence for having committed an offence under the NDPS Act. This view was taken by the jail authorities on the basis of a judgment of the Supreme Court given in Crl. Appeal Nos. 632, 633, 634 and 635 of 2000 dated 4.8.2000. Following the aforesaid judgment, this Court had also taken a similar view in Crl. Misc. No. 26125-M of 2000. The petitioner therein was permitted to be escorted to attend the marriage ceremony of his daughter under the surveillance of the police.

(3.) THE Court has further observed in paragraph 11 that parole did not amount to the suspension, remission or commutation of sentence which could be withheld under the garb of Section 32-A of the Act. Notwithstanding the provisions of the offending section, a convict is entitled to parole, subject, however, to the conditions governing the grant of it under the statute, if any, or the Jail Manual or the Government Instructions.