OM PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was convicted for an offence under S. 302/34, I.P.C. and, was sentenced to undergo imprisonment for life vide judgment dated 11-10-1990. At present he is confined in Central Jail, Ferozepur. He has filed this petition under S.482 of the Code of Criminal Procedure read with S. 3 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 for his release on parole for a period of four weeks. He alleged that during rainy season his house suffered extensive damage and needed immediate repairs. He had an old mother and one sister who was 12 years old. His father had expired and there was no male member in the family who could effect necessary repairs. His case for parole was initiated by the jail authorities but was rejected by Inspector General of Prisons on 7-8-1992. During his detention in the jail he maintained good conduct and village Panchayat had certified the facts mentioned in the petition.

(2.) In the return filed by the respondents this fact was admitted that parole case of the petitioner was initiated by the Superintendent, Central Jail, Ferozepur but after receiving report from District Magistrate, prayer of the petitioner was declined as members of the family of the deceased apprehended danger at the hands of the petitioner.

(3.) I have heard the counsel for the parties. The respondent has not denied the fact that the petitioner had undergone more than two years actual sentence and his conduct in jail remained good. The averments of the petitioner that his house was damaged on account of heavy rains and required immediate repairs and that there was no adult male member in his family to carry on the job also remain unassailed. The Gram Panchayat of village Bara Jawaharsinghwala has certified that house of the petitioner was not in good condition and he had no adult male member in his family who could affect repairs, his father having expired. The mere fact that family members of the deceased apprehend danger at the hands of the petitioner is no valid ground to decline the prayer of the petitioner for his temporary release.