SUKHRAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has sought his release on parole under Section 3(1)(c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. The case of the petitioner was duly initiated by the Jail authorities, and he was released on parole for a period of six weeks for agricultural purposes, but had been re -arrested on 1.2.1994 on the basis of report dated 14.1.1994 of District Magistrate, Ferozepur, on the ground that he was not residing on the place mentioned in the release warrant and was found residing/availing parole in Basti Tankan Wali, Ferozepur, where the complainant party apprehended danger from the petitioner. This action is not sustainable. Under Section 6 of the Act, temporary release can be denied to a prisoner only in the event that his release could endanger the security of the State or the maintenance of public order, but, mere apprehension of the kind expressed by the District Magistrate, Ferozepur, does not come within the ambit of these two expressions.

(2.) FOR the reasons recorded above, the present petition is allowed and a direction is issued to the respondents to reconsider the case of the petitioner within a period of two months from the date that copy of the order is received by them, failing which the petitioner will be released on parole to the satisfaction of District Magistrate, Ferozepur. Petition allowed.