BOOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BOOR Singh was convicted for an offence under Section 302 of the Indian Penal Code, vide judgment dated 18th April, 1991 and was sentenced to undergo imprisonment for life. At present he is confined in District Jail, Faridkot. He owns a house in his native village which required necessary repairs. There was no adult male member in his family. He approached the jail authorities to initiate his case for four weeks parole which was duly initiated on 13th May, 1992. Inspector General (Prison), Punjab rejected his case on 16th September, 1992 without assigning any reason. The petitioner therefore filed the present petition under Section 482 of the Code of Criminal Procedure for four weeks parole for house repairs.

(2.) IN the return filed by the respondents this fact was admitted that the petitioner was eligible for consideration of his case for release on parole but it was maintained that his case was rejected after a report was received from Deputy Superintendent of Police, Mukatsar that his release could disturb peace.

(3.) THE petitioner has filed a certificate issued by the members of the Municipal Committee, Mukatsar, which is to the effect that the petitioner owned a house in Gandhi Nagar, Mukatsar which required repairs. The house was occupied by the parents of the petitioner who were old and unable to effect necessary repairs. There is no denial of the fact that the conduct of the petitioner remained satisfactory in the jail and that is why his case was initiated by the Jail Superintendent. The petitioners' prayer for release on parole was declined without any just basis. There is nothing on the record to suggest as to how the Deputy Superintendent of Police concluded that release of the petitioner will disturb public peace. Ex-President of the Municipal Committee, Mukatsar and a Municipal Commissioner had certified that there was no danger to law and order situation in the event of release of the petitioner on parole. There is no report from the District Magistrate or any other officer/authority in this behalf to the effect that the release of the petitioner was likely to endanger the security of the State Govt. or the maintenance of public order. 1, therefore, accept this petition and direct the respondents to release the petitioner on parole for four weeks so that he may repair his house. The petitioner will furnish usual bonds to the satisfaction of District Magistrate, Faridkot.