KARAMBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India filed by Karambir Singh whereby he seeks to have direction to the respondents to release him on furlough under Section 4 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988.

(2.) FACTS pleaded by him in support of his prayer are as follows :-

(3.) THIS time, the village panchayat of Balu has certified that if he is granted furlough there can be no apprehension of breach of peace at his hands and he would be able to attend his agricultural operations. Panchayat has certified that when he was on parole on earlier occasion in the year 1993, he did not commit any breach of peace. Report of the District Magistrate is too general and vague. District Magistrate has merely reported that he would endanger public peace and order if he is released on furlough. If there is apprehension of danger from him to the family of the person whose murder is said to have been committed by him that apprehension can be imaginary on their part. On this general and vague allegation, his prayer for the grant of furlough cannot be refused. In Joginder Singh v. State of Punjab, 1988(2) Recent Criminal Reports 548, this Court observed that the apprehension of the District Authorities that there was danger to the complainant party in case convict-prisoner was released on parole, does not fall either within the ambit of security of State or public order. It seems that opposition of the respondents that temporary release of the petitioner would give rise to apprehension of breach of peace is without any basis.