KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition filed by a life convict under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') read with Articles 226/227 of the Constitution prays for issuance of an order or direction to the respondents for his temporary release for a period of six weeks under Section 3 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for brevity, the Act) and the Punjab Good Conduct Prisoners (Temporary Release) Rules, 1963 (for brevity, the Rules').

(2.) Brief facts of the case necessary for deciding the question raised in the present petition are that the petitioner was convicted on 16-1-2003 under Section 302 read with Section 201, IPC in case FIR No. 128 of 2001 registered at Police Station Khalra. He has been awarded, sentence of imprisonment for life and a fine of Rs. 500/- and in default of payment of fine rigorous imprisonment for three months under Section 302, IPC. He has further been awarded rigorous imprisonment for seven years and a fine of Pis. 500/- and in default of payment of fine, rigorous imprisonment for three months under Section 201, IPC. Both the sentences have been ordered to run concurrently. A copy of the order in Sessions Case No. 28 of 2002, decided on 16-1-2003, in respect of FIR No. 128 of 2001 registered under Sections 302/201 /34, IPC, Police Station Khalra has been placed on record. It is claimed that the petitioner has been continuously confined and has undergone approximately two years by including the undertrial period. It is asserted that the petitioner had earned remissions granted by the State Government under Article 161 of the Constitution and the provisions of Punjab Jail Manual. The family of the petitioner approached the Gram Panchayat for his release which recommended his case to the Jail authorities. It was certified that the land of the petitioner is worth agricultural operations and there is no male member of the family to lookafter the land. The release of the petitioner for maximum period was recommended along with the opinion that with his release there would be no breach of peace. The petitioner made an application before the Superintendent Central Jail, Amritsar along with the documents like certificate of the Panchayat and the Jamabandi for the year 1999-2000. The Superintendent, Central Jail, Amritsar forwarded the case of the petitioner for his temporary release to the competent authority on 2-4-2003. However, the case of the petitioner was rejected by the Inspector General of Prisons, Punjab on the ground that release of the petitioner would result into breach of peace and law and order. The order dated 2-7-2003 has been annexed with the reply and the same reads as under :

(3.) Notice of the petition was issued and the stand taken in paragraph 5 of the written statement is that the District Magistrate in his order dated 2-7-2003 did not recommend the case of the petitioner for parole on the ground that his release is likely to result into breach of peace and the problem of law and order. As the recommendations of the District Magistrate were required, the request made by the petitioner was rejected by Director General of Police, Prisons, Pun- Jab, Chandigarh on 11-9-2003 and intimation was sent to the petitioner. However, the averments that his conduct was found to be good by the Jail authorities has been accepted.