PAL DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PAL Dass petitioner had filed this petition under Section 482 of the Cr.P.C. read with Articles 226/227 of the Constitution of India seeking his temporary release on parole for 4 weeks for house repair under Section 3(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter to be referred to as 'the Act').

(2.) THE petitioner was convicted for offence under Sections 302/34 IPC and sentenced to undergo life imprisonment and also to pay certain amount of fine by the Additional Sessions Judge, Sangrur, vide his judgment dated 28.1.1994. The petitioner who is undergoing sentence in District Jail, Sangrur, applied for his temporary release on parole for house repair which request has been turned down by the authorities by letter dated 26.4.1994 on the ground that the aggrieved party as well as the witnesses apprehend danger from the petitioner on his release and there is likelihood of breach of peace in the village if the petitioner is released on parole.

(3.) SECTION 6 of the Act, which is relevant in this context, reads as under :-