SWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is petition filed under Section 482 of the Code of Criminal Procedure for a direction to allow the petitioner six weeks' agricultural parole under Section 3(1)(c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter described as 'the Act').

(2.) THE petitioner had been arrested on 29.6.1985 and was sentenced to life imprisonment on 19.9.1986. He seeks temporary parole asserting that father of the petitioner is owner of 16 kanals of land. There is nobody to look after the said land and he may be released to cultivate the same, as such.

(3.) NOTICE of the petition had been issued to the respondents and in the reply filed, it was alleged that petitioner had filed Criminal Miscellaneous No. 11351 -M of 1994. It came up for consideration before Hon'ble Mr. Justice H.S. Bedi. A direction was given that the request of the petitioner of parole be considered within two months failing which, the petitioner be released under Section 3(1)(c) of the Act. Accordingly, the case of the petitioner was considered. A report was called from the District Magistrate, Gurdaspur. He did furnish the report. However, it was pointed that earlier the petitioner was released on parole from 1.12.1990 to 31.12.1990 as per orders of this Court. The petitioner did not surrender on due date i.e. 1.1.1991. He absconded till 6.4.1993 and violated the conditions of release warrant. He was arrested thereafter by the police. He was sentenced to undergo six months rigorous imprisonment under Section 8(2) of the Act read with Section 9 of the said Act by the Chief Judicial Magistrate, Gurdaspur. Keeping in view these facts, the case of the petitioner for his release on parole was rejected.