KALUK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was convicted under Section 302, Indian Penal code, and sentenced to imprisonment for life vide judgment dated 1.8.1990. By this petition, the petitioner has sought release on parole for a period of four weeks under Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short the 'Act') for repairing his house.

(2.) THE case of the petitioner was initiated by the Superintendent of the Jail way back on 19th October, 1991, but was rejected by the Inspector General of Prisons, Punjab, on the report of the District Magistrate, Faridkot, that the widow of the deceased apprehended danger at the hands of the petitioner in case he was released on parole. Aggrieved thereby the present petition has been filed.

(3.) I have heard the learned counsel for the parties and have gone through the pleadings as well and find that the petition deserves to succeed. In Section 6 of the Act, it has been provided that temporary release can be denied to a person only in the event his release is likely to endanger the security of the State or public order. These two expressions have been explained by this court in the judgment reported Joginder Singh v. State of Punjab, 1988(2) Recent Criminal Reports 548. The ground for the rejection of the petitioner' case that the widow of the deceased apprehends danger to her life does not fall within the ambit of these two expressions. It is also clear from the reply filed that in addition to the widow of the deceased, three of her sons who are in government service are also living in same village. There can therefore be no justifiable reason to hold that the release of the petitioner would occasion any danger to the widow or to her sons.