VIRSA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIRSA Singh, who is undergoing life imprisonment in Central Jail, Gurdaspur, after he was convicted for an offence under Section 302 IPC by the learned Additional Sessions Judge, Gurdaspur on 2.5.90 has filed the present petition under Section 482 of the Code of Criminal Procedure read with Article 226/227 of the Constitution of India for grant him six weeks agricultural parole under Section 3(1)(c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. He alleged that during the period of his detention be never committed any jail offence and his conduct and behaviour remained satisfactory. He requested the authority concerned for the grant of temporary release for a period of six weeks agricultural parole and his request was duly accompanied with a copy of the jamabandi and recommendations of the village panchayat but no action was taken on the same. There was' no other adult male member in the family who 'could (sic) from the agriculture was the main stay of the family.

(2.) THE prayer of the petitioner was opposed by the respondents on the ground that he had already availed four weeks parole from 9.4.91 to 8.5.91 as per orders of this Court and be was not eligible for next parole till the expiry of one year from his last release on parole.

(3.) I find that the petitioner's family depends on agriculture and they have no other source of income. Unless the land is cultivated the family will suffer great hardship. The other able bodied brother of the petitioner is also in Jail and his father died while he was serving sentence. Harjinder Singh the third brother is not physically fit to carry on the work of agriculture. In these exceptional circumstances, I feel that petition should be allowed.