SULAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SULAKHAN Singh has filed this petition under Section 482 of the code of Criminal Procedure read with Articles 226/227 of the Constitution of India for issuance of direction to the respondents to release him temporarily on agricultural parole for six weeks under Section 3 (1) (c) of the Punjab Good Conduct Prisoners (Temporary Release) Act.

(2.) THE petitioner is undergoing life imprisonment in a case under Section 302, Indian Penal Code, and at present is confined in the Central Jail, Gurdaspur. As per averments of the petitioner, his father owns land measuring 17 kanals 1 marla which is being cultivated by him (petitioner). of the land, y member to look after the agricultural work Even the jail authority, on his application, recommended his case for release on agricultural parole but his request was declined by the Inspector General (Prisons), Punjab, vide letter dated 18.4.1995.

(3.) THE learned counsel for the State has stated that there is apprehension of breach of peace if the petitioner is released on parole but he could not fortify his plea by placing on record any such document to show that there will be breach of peace if the petitioner is released on parole. Even the report of the District Magistrate has not been filed. Neither the report of the police station concerned nor that of the Superintendent of Police of the District has been filed. There is nothing on the record to show that the released of the petitioner on parole will lead to any untoward incident. It will be in the interest of the society if the petitioner is released on agricultural parole to enable him to look after his land and feed his children. Annexure P -2 shows that the Gram Panchayat has recommended his release on parole on the ground inter alia, that there is neither any dancer to anybody nor anybody has any objection to his coming to the village and that the whole Panchayat takes the responsibility for the convict if he is released on agricultural parole. I, therefore, think that it is a fit case for granting parole to the petitioner and direct that the petitioner be released on agricultural parole for four weeks on his furnishing surety to the satisfaction of the District Magistrate, Gurdaspur. The petitioner is directed to surrender himself to Central Jail, Gurdaspur, where he is confined after the expire of the aforesaid agricultural parole for four weeks which will commence from the date he furnishes the surety.