TARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TARA Singh is undergoing life imprisonment in Central Jail, Amritsar after he was convicted and sentenced by learned Sessions Judge, Amritsar on 4.5.1990. He is case for agricultural parole was duly recommended by the jail authorities vide letter No. 6973 dated 13.6. 199 1 but parole was not granted to him. lie alleged. that be belonged to an agriculturist family and owned land in village - Kot Budha. There was no able bodied person in his family who could perform the agricultural persuits. He was not a habitual offender and was not to misuse the concession of parole. Thus, he filed the present petition under Section 482 of the Criminal Procedure Code read with Section 3 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 for grant of parole for a period of six weeks.

(2.) IN reply to the petition this fact was admitted that agricultural parole case of the petitioner was initiated by Superintendent, Central Jail, Amritsar who considered the conduct of the petitioner in jail as satisfactory - but his case was rejected by the Inspector General, Prisons, Punjab, on the basis of adverse report of Superintendent of Police and District Magistrates, Police District, Tarn Taran. It was further contended that 19 persons who were released on parole did not surrender to jail authorities after the expiry of parole period and it was believed that they had joined anti-national organisations and they threatened the security of the State.

(3.) THIS fact is admitted that the petitioner is undergoing life imprisonment in Central Jail, Amritsar and during his detention in jail he has not committed any jail offence. His conduct inside the jail was considered satisfactory, that is why case for hs release on parole was initiated. The petitioner has produced copy of the amabandi which shows that he owns land and main source of income of the family is from cultivation of the land. Panchayat fo the village has reported that there was no other adult male member in the family, who could manage the affairs of agricultural operations. Children of the petitoner are minor. The mere fact that some of the persons who were released on parole did not surrender before jail authorities and they are relieved to have joined anti-national organisations is no ground to visit their sins on the petitoner wh maintained good conduct after he was sentenced. Tbhe petitioner has established the purpose for his parole and he is also otherwise, eligible to avail this concesion. I, therefore, allow this petiton and direct the respondents to release the petitoner on four weeks' parole on his furnishing adequate bond and surety as envisaged under the Act to the satisfaction of Distric tMagistrate, Amritsar.