TARLOCHAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The criminal writ petition under Article 226 of the Constitution of India has been filed seeking issuance of directions to Director General of Police (Prisons) Punjab, Chandigarh (respondent No.2) to release the petitioner on four weeks parole to meet his family members.

(2.) The petitioner was vide judgment dated 30.04.2011 convicted by the learned Sessions Judge, Roopnagar for the commission of offences punishable under Sections 302 and 307 IPC; besides, Section 27 of the Arms Act. By a subsequent order passed on 03.05.2011, he was sentenced to imprisonment for life; besides, pay a fine of Rs.10,000/- and in default of payment of fine to undergo rigorous imprisonment for two years for the offence under Section 302 IPC. He was also convicted to undergo rigorous imprisonment for 10 years; besides, pay a fine of Rs.5000/- and in default of payment of fine to further undergo rigorous imprisonment for one year for the offence under Section 307 IPC. Lastly, he was convicted for the offence under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for 7 years; besides, pay a fine of Rs.2000/- and in default of payment of fine to further undergo rigorous imprisonment for 6 months. All the substantive sentences were, however, ordered to run concurrently. Against the said conviction and sentence, the petitioner has filed Crl. Appeal No.467- DB of 2011 which is pending in this Court.

(3.) The petitioner now seeks temporary release to meet his family members in accordance with the provisions of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (Act-for short). It is submitted that initially the Superintendent Jail, Bathinda (respondent No.4) had recommended the case of the petitioner for temporary release on parole. Thereafter, the complainant in the case against the petitioner filed a complaint in the office of Director General of Police (Prisons) Punjab (respondent No.2). The Director General of Police (Prisons) Punjab (respondent No.2) wrote to the District Magistrate SAS Nagar, Mohali (respondent No.3) asking for a fresh report. It is submitted that the petitioner is entitled to temporary release in accordance with the provisions of the Act. However, the same is being withheld primarily because the petitioner filed Civil Writ Petition No.2847 of 2011 in this Court wherein it was brought to the notice of this Court that free sale of intoxicants was being made in the District Jail, Ropar. With respect to the allegations made by the petitioner in the said petition, the Principal Secretary to Government of Punjab, Department of Home is conducting an inquiry. It is submitted that for filing the said writ petition, the petitioner is being shifted from one jail to another and his parole case is not being decided.