CHARAN SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) CHARAN Singh was awarded sentence of imprisonment for seven years on 8.6.1990 by the leaned Sessions Judge, Ropar and he is detained in Central Jail, Patiala. He has filed this petition under Section 482 of the Code of Criminal Procedure for grant of six weeks agricultural parole. It was alleged in the petition that his case for temporary release for six weeks to carry on agricultural pursuits was initiated by the Superintendent of Jail on 5.7.1991 but it was rejected by the respondents on the ground of adverse report by the Local Police. The petitioner further alleged that there was no adult male member in his family who could carry on agricultural operations and main source of livelihood of the family was from agricultural crops.

(2.) IN the return filed by the respondent it was contended that statement of Ajaib Singh complainant was recorded, who apprehended danger on release of the petitioner on parole. It was further pleaded that Sulakhan Singh younger brother of the petitioner or his family was living his father Issar Singh and no land of the petitioner or his family was lying uncultivated.

(3.) IN the petition the petitioner has not given the detail of his family members nor he has made any specific averments regarding ownership of land. His father is alive and younger brother is living with him. So, if the land is in the name of the father that is being properly cultivated by him and by the brother of the petitioner. In the absence of any clear and unambiguous averments that the petitioner owns land which was in his exclusive possession and was under his cultivation and there was no major child in the family, it cannot be held that temporary release of the petitioner is necessitated for carrying on agricultural operations especially when the allegations made in the petition are not even supported by an affidavit.