JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JIT Singh, petitioner was tried for an offence punishable under Section 302 of the Indian Penal Code and was awarded sentence for imprisonment for life by the learned Sessions Judge, Kapurthala, on 19.4.1990. He was detained in Central Jail, Jalandhar. He moved the jail authorities for grant of six weeks agricultural parole under Section 3(1)(c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, as his case was duly recommended by the Superintendent of the Jail, but it was rejected by the respondents, vide letter dated 21.8.1991 on the basis of adverse reports of the local police that there was apprehension of breach of peace and danger to public order on temporary release of the detenu. The petitioner has now filed this petition under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India, for grant of six weeks agricultural parole.

(2.) THE averments made in the petition are that there was no other adult male member in the family of the petitioner, who could make necessary arrangements for the performance of carrying on agricultural operations. He had no relative or friend who could help him in agricultural pursuits. The main source of the family income was from agriculture and there was no other source of income. His prayer for temporary release was wrongly rejected by the respondents on the ground of apprehension of breach of peace.

(3.) AT the time of arguments, none appeared on behalf of the petitioner. I have heard the learned Assistant Advocate General, Punjab, for the respondents and have perused the record.