HARJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Harjit Singh is presently undergoing life imprisonment for offence punishable under sections 302/201 of the Indian Penal Code. He prays for his release on furlough under section 4 of the Haryana Good Conduct Prisoner (Temporary Release Act), 1988 (hereinafter referred to as 'the Act').

(2.) THE relevant facts averred are that earlier the petitioner filed an application for his release on temporary furlough. It was rejected on 8th March, 1994. It has been pointed out that at that time in case the petitioner if released on furlough, there was likelihood of breach of peace. The petitioner came up for hearing before a Single Judge of this Court and it was recorded : ........It has also been urged that the petitioner had already been released temporarily on four occasions and had given no cause for offence and as such the apprehension of the authorities that there would be breach of peace, was without any basis. There is merit in the contention of the petitioner. Admittedly, he had been released on furlough four times earlier and there had been no complaint against him. Moreover, temporary release can be denied to a prisoner only if it affects the security of the State of the maintenance of public order. A mere possibility of breach of peace, which is simply a law and order problem does not come within these expressions. The present petition is accordingly disposed of with a direction to the respondents to consider the case of the petitioner in the light of the observations made above within one month from the day a copy of this order is received by them, failing which he will be released on furlough for the period applied for."

(3.) THE petitioner claims that his conduct inside the jail had been good and he has not committed any jail offence.