GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Gurdev Singh is under going life imprisonment in District Jail. Fandkot, His premature release case was rejected by the State Government on June 17, 1986 with the observation that this case will be reconsidered after one year. The ground on which the petitioners premature release case was rejected. as contained in the order of rejection (Annexure P. 1), is that due to the strained relations between the petitioner and his opposite party there is apprehension of breach of peace. This in my view, is not adequate ground to reject the petitioner's case No jail punishment has been awarded him and there is no material to show that be is a had conduct prisoner. Simply because his relations with the opposite party are strained, is no ground to withhold the benefit of premature release from him. In a case before the Supreme Court in Bhagwat Saran and others v. State of UP. and others, 1983(1) C.L R 504 the ground given by the State for rejection of the premature release case of convicts was that keeping in view the law and order situation they cannot be released. The Supreme Court ruled that a bald statement like that was unacceptable and the convicts were prematurely released. In the present case also there are no tangible circumstances to indicate that from the premature release of the petitioner the law and order will necessarily be adversely affected. Even otherwise the premature release is always conditional and if a convict commits any offence after being prematurely released, the benefit can always be withdrawn from him and the order of his premature release can indeed be revoked.

(2.) IN the light of what is stated above the impugned ordler (Annexure P. 1 1) is not sustainable and is hereby quashed. The respondents are directed to re -consider the petitioner's case within three months from today. In the meantime the petitioner will be released on bail to the satisfaction of the Chief Judicial Magistrate. Faridkot. In case his prayer for premature release is eventually rejected by the Government he will surrender to the bail bonds before the Chief Judicial Magistrate, Faridkot It will however, be open to him to challenge the order of rejection in appropriate proceedings. This petition is disposed of in these terms.