HARMEET SINGH Vs. STATE OF PUNJAB AND ANS

JUDGEMENT

(1.) CONSIDERED the reply submitted on behalf of the State. It indicates that on enquiry through Senior Superintendent of Police was revealed that the release of the petitioner on parole is likely. to cause breach of peace. There is no material placed before me to show on what basis such opinion has been formed by the concerned authorities. There is nothing to indicate what efforts have been made to ascertain the possibility of breach of peace in the event of release of the petitioner on parole. In the absence of that, the claim made by the authorities that there was possibility of breach of public peace in the event of the release of the petitioner does not deserve credence. The authorities should have placed before this Court the material which had been collected while holding enquiry in respect of the possible effect of the release of the prisoner. The recording of statements of some person from the village and the material showing the circumstances in which offence was committed by the prisoner could have been collected and considered. There is nothing to show that the exercise have been undertaken by the authorities.

(2.) THE petitioner has placed on record the Panchayat -Name (Annexure P -l/T) which indicates that the petitioner's house is in dilapidated condition, and the old parents of the petitioner are not in a position to get the repairs done. It further clarifies that there is no apprehension of breach of peace in the event of the release of the petitioner on parole.

(3.) IN view of that, parole granted to the petitioner for a span of fifteen days from the date of his release after getting the documents executed as per rules.