GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed by the detenu -Petitioner under section 482 of the Code of Criminal Procedure, praying for issuance of a direction to the respondents for temporarily releasing him on parole in order to enable him to perform agricultural operations in his agricultural fields in the village, for a period of six weeks.

(2.) IT is averred in the petition that the Petitioner was convicted under section 302, Indian Penal Code, and was sentenced to undergo imprisonment for life, by the learned Additional Sessions Judge,Faridkot, vide order passed in December, 1987. Since then, he has been undergoing imprisonment for life in District Jail, Faridkot, with very satisfactory conduct and 'behaviour.' He has been never punished for any jail offence. He was never involved in any civil or criminal litigation except the present offence. He submits that there is no other able member in the family who can help in performing agricultural activities in the fields and that he fulfils all the requirements for his release on parole for agricultural purposes for six weeks and is, thus, entitled to the benefit of the provisions of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (the Act, for short).

(3.) WRITTEN statement by way of an affidavit has been filed by Daulat Singh, Chief Welfare Officer, Office of the Inspector General of Prisons, Punjab, Chandigarh, on behalf of the respondents. Some of its highlights may be examined. The factual position stated by the petitioner in the petition has not been controverted in the written statement, though it is mentioned therein that the parole case of the petitioner has been rejected due to apprehension on breach of peace on the basis of the report of the District Magistrate, Faridkot, which reads as under :