LAWS(P&H)-1995-10-73

BOHAR SINGH Vs. STATE OF PUNJAB

Decided On October 19, 1995
BOHAR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) PETITIONER has filed this petition for the grant of 4 weeks' parole for carrying out repairs in his residential house situated in his native village under section 3 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962.

(2.) THE facts of the case are that the petitioner was convicted under section 302 IPC on July 21, 1989, and was sentenced to undergo life imprisonment. Since then he is in Central Jail Ferozepur. He has not committed any jail offence. He has a house in his native village. Due to heavy rains in the last winter, the house needs extensive repairs, for which this prayer is made. The petitioner has attached certificate of Gram Panchayat Annexure P-1 to show that petitioner's house required repairs and there will be no disturbance of peace in case he is released on parole. He has also appended affidavit of his wife showing that the parents of the petitioner are old and are living separately and his children are minor. They cannot get the house repaired.

(3.) FROM a plain perusal of Crl. Misc. No. 13428-M of 1994 it is evident that this was a bail petition filed under section 439 Cr.P.C. for accused Billu son of Hukam Singh in connection with FIR No. 146 of 1994 under Sections 148, 149, 323, 324, 376 IPC, which was dismissed on September 2, 1994. Criminal Misc. No. 4773-M of 1995 was filed on behalf of the petitioner for grant of parole. As on May 29, 1995 as none appeared for the petitioner, his prayer was rejected. Thus, it is apparent that on merits his prayer was never decided.