LAWS(P&H)-2015-1-101

JASMEET SINGH Vs. STATE OF PUNJAB AND ORS.

Decided On January 28, 2015
JASMEET SINGH Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) The writ petition is filed praying for grant of temporary release on parole for two weeks under Section 3(1)(b) of the Punjab Good Conduct Prisoners (Temporary Release) Act 1962 for attending the marriage of real sister of the petitioner, which is scheduled on 29.01.2015. Referring to Annexure P-3 dated 07.01.2015, learned counsel appearing for the writ petitioner would submit that the applicant infact moved necessary application before DGP, Prison, Punjab and the Superintendent Central Jail, Jalandhar, but the same has not been disposed of as on today.

(2.) Learned State counsel appearing for the respondents would submit that though it is a fact that the said application submitted by the petitioner was not disposed of by the Jail Authorities, the applicant being brother of the bride is not entitled to parole in terms of Section 3(1)(b) of the Punjab Good Conduct Prisoners (Temporary Release) Act 1962. A convict is entitled to parole to attend the marriage of his/her daughter or son as per the above provision of law.

(3.) This Court had in umpteen number of cases extended the concession of parole even in a case where the convicts close relatives' marriage was proposed to be held. But, at any rate considering the specific enabling provision found under Section 3(1)(b) of the Punjab Good Conduct Prisoners (Temporary Release) Act 1962 extending the concession only to the convict whose daughter or sons marriage is proposed to be held, we are not inclined to grant the release of the petitioner on parole. But, considering the fact that the marriage of the sister of writ petitioner is proposed to be held on 29.01.2015, we are inclined to give a direction to the Jail Authorities to take him out from prison in police escort to facilitate him to attend the marriage and return to the prison in police escort.