MOHAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India read with Section 3 (1) (c) of Punjab Good Conduct Prisoner Temporary Release Act, 1988 is for issuance of a direction to the respondents to release the petitioner on parole for four weeks to meet his family

(2.) The petitioner was convicted by Additional Sessions Judge, Ludhiana vide judgment dated 20.07.2009 wherein the petitioner was convicted and sentenced u/s 302 IPC to undergo R.I for life and to pay a fine of Rs.3000/-. In default of payment of fine to further undergo R.I for three months and u/s 397 IPC to undergo R.I for seven years and to pay a fine of Rs.500/-. In default of payment of fine to further undergo R.I for fifteen days in F.I.R No. 134 dated 22.05.2003 u/s 302/380/411 IPC, P.S Model Town, District Ludhiana (P-1). The petitioner is in custody since 22.05.2003 i.e almost 10 yeas 10 months and 12 days. The petitioner moved an application before the jail authorities for parole of 04 weeks to meet his family members and same has been forwarded by Supdt. Central Jail, Ludhiana-respondent No. 2 to District Magistrate Mehrajganj, vide memo No. 12064 dated 18.09.2012 through registered post (P-2). The Gram Panchayat of the village had given a recommendation letter also that the petitioner be temporary release for four weeks and there is no danger to peace and order of the village (P- 3).

(3.) On notice, a reply has been filed on 17.07.2014 by Supdt. Central Jail, Ludhiana on behalf of respondent Nos. 1 and 2 stating therein that the case of the petitioner for four weeks parole was initiated by respondent No. 2 vide letter No. 12063 dated 18.09.2012 with the request to respondent No. 3 to send the police verification report regarding the release of the petitioner in the light of the judgment passed by this Court in CRM-M-34013 of 2009 on 26.04.2010. However, the case of the petitioner was rejected by respondent No. 3 vide letter dated 16.03.2013 (R-1) Thereafter, fresh parole case of the petitioner was initiated by respondent No. 2 vide letter No. 461 of 2014 with request to respondent No. 3 to send the police verification report regarding the release of the petitioner in the light of the above said judgment. Report has been received vide letter dated 26.06.2014 (R-2) but the report was not according to fresh parole case sent.