SHAKTI SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has sought release on furlough under Section 4(1) of the Haryana Good Conduct Prisoners (Temporary) Release Act, 1988 for short the Act. The Superintendent, District Jail, Bhiwani, finding him eligible to be so released, recommended his case to the authorities, but despite that his case stands rejected vide annexure P-1 on the ground that the District Authorities had reported that his release on furlough would endanger public peace. The case of the petitioner further is that this apprehension of the District authorities was without any foundation for the simple reason that he had been released once earlier on furlough and had also been released on bail on an earlier occasion. In the reply filed on behalf of the respondents, it is urged on the basis of annexures R-1 to R-3, which are the various reports received from the district authorities that the release of the petitioner on furlough was likely to cause commission of some heinous crime and there was danger of breach of peace.

(2.) MRS .Talwar, learned counsel for the petitioner has surged that under section 6 of the Act, the temporary release of the petitioner could be denied only if his release was likely to endanger the security of the State or maintenance of public order. She has urged that a mere apprehension of breach of peace would not come in either of these two categories. In support of her case, she has cited the judgment of this Court reported as Joginder Singh v. State of Punjab, 1988(2) RCR 548. She has further urged that in any eventuality, petitioner had already been released temporarily on at least two earlier occasions without any untoward incident.