VIJAY KUMAR SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The short but important question of law that falls for consideration in the instant petition is whether the procedural provisions can be allowed to prevail upon the substantive provisions provided under any peace of legislation.

(2.) The petitioner has approached this Court by way of the instant petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short) seeking direction against the respondents to release him on parole for four weeks enabling him to perform the marriage of his son, which is scheduled to be solemnised on 24.4.2012. The petitioner claims that he is entitled to be released on parole for a period of four weeks in view of the provisions of Section 3 (1) (d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. ('Act of 1962' for short)

(3.) Factual background, necessary for disposal of the issue involved in the present case, can be put into a narrow compass. The petitioner was arrested in connection with the criminal case arising out of FIR No. 15 dated 1.4.2001 under Section 406 of the Indian Penal Code ('IPC' for short'), registered at police station Vigilance Bureau, Ferozepur. Consequently, the petitioner was convicted by the learned Chief Judicial Magistrate, Ferozepur, for the commission of an offence under Section 406 IPC. He was convicted and sentenced vide judgment and order of sentence dated 12.9.2009, to undergo RI for one year and to pay fine of Rs. 1,000/-. In default of payment of fine, he was ordered to undergo further RI for one month.