PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER 's counsel contends that the petitioner was convicted under Section 304-B of the Indian Penal Code on July 15, 1993. He was arrested on December 21, 1991. Uptill the date of the petition, he has undergone actual sentence of 1 year 4 months and 21 days and has earned remissions of 1 year and 5 months. Thus, under section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, he is entitled to be released on parole for house repairs. He is not convicted of any jail offence. Hence it is prayed that he be released on parole for four weeks to effect repairs in his residential house in his native village. Alongwith the petition, he has filed affidavit of Lajya Devi and certificate of Gram Panchayat Meda Majra P.O. Partap Nagar, Ropar, dated November 26, 1994, wherein his release on parole is recommended.

(2.) IN their short reply, the respondents have opposed the prayer alleging that the petitioner's house is in good condition. It does not require any repairs. Moreover the witnesses who gave evidence against the petitioner apprehend danger on his release on parole. Considering these facts, the local police and the District Magistrate have not recommended his release on parole.

(3.) IN this view of the matter, the petitioner's prayer seems to be genuine. The order dated November 28, 1994, of the Inspector-General of Prisons, Punjab, refusing prayer for petitioner's release on house-repair parole is hereby set aside, as being without any basis. The petition is allowed. The respondents are directed to release the petitioner temporarily on house repair parole for four weeks, subject to his furnishing security/surety to the satisfaction of the District Magistrate, Ropar. After the expiry of the parole period, the petitioner is directed to surrender before the concerned authorities. Petition allowed.