JAGSIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') relates to release of the petitioner on emergency parole under Section 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as 'the Act') whose house had collapsed due to natural calamity, by heavy rains and crops in the fields have been destroyed.

(2.) THE petitioner after his arrest on 24.3.1988 was convicted under Section 302 read with Section 34 of the Indian Penal Code and was sentenced to undergo imprisonment for life. It was pleaded that the house of the petitioner and the standing crops in his land were destroyed due to heavy rains in the current Monsoon and there is no other capable adult male member in the family who can carry out the repairs and construction of his family house or to cultivate their joint holding. This finds support from the Panchayat nama Annexure P-3 wherein it is mentioned that due to heavy rains in the Mosoon his (petitioner) house and crops have been destroyed and there is no capable member in his family to reconstruct the family house or carry out agricultural operations on the land of the petitioner. It was further pleaded that the petitioner has no place to sit nor any food to eat.

(3.) THE learned counsel for the parties were heard. The fact that because of heavy rains and unprecedented floods during July, 1993, house of the petitioner collapsed or that standing crops were completely destroyed was not specifically denied by the respondents in their joint reply. In the absence of specific denial the aforesaid allegations concerning destruction of the house and standing crops because of floods and heavy rains would be deemed to have been admitted by the respondents. This fact finds further support from the Panchayatnama Annexure P-3 which clearly indicates that because of the said calamity family house of the petitioner and standing crops on the joint holding were destroyed. This would constitute sufficient cause for grant of emergency parole to the petitioner under Section 3 (1) (d) of the Act. In view of the peculiar facts and circumstances of the present case where the damage to the house and the crops of the petitioner is due to natural calamity over which the petitioner has no control whatsoever, the case of the petitioner cannot be merely treated as an ordinary parole. Rather it is a case of emergency parole and mere fact that the petitioner is not eligible for ordinary parole as he has not undergone one year actual sentence in the jail or that he has already availed of parole earlier on in this year would hardly be of much consequence. For the foregoing reasons, the petitioner is directed to be released on emergency parole for a period of four weeks under Section 3(1)(d) of the Act in order to enable him to reconstruct his house and carry out agricultural operations because of grave emergency subject to his furnishing adequate security bonds to the satisfaction of the District Magistrate, Mansa. The petitioner shall undertake to surrender before the jail authorities after the parole period is over. This petition is allowed accordingly.