SUKHJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Sukhjinder Singh is undergoing life sentence and is confined in District Jail, Sangrur. The case for parole of the petitioner for four weeks on the ground of house repairs was initiated under Section 3(1) (d) of Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter referred to as 'the Act') by the respondent No. 2, the Superintendent, District Jail, Sangrur, to respondent No.1, the Inspector General of Prisons, Punjab, Chandigarh. The respondent No. 1 rejected the case of parole on the ground that the District Magistrate, Sangrur, after getting due verification from the Senior Superintendent of Police, had not recommended the case of the petitioner for the reason that the petitioner was untrustworthy fellow and further that he can commit crime on release on parole and there is danger to peace.

(2.) THE petitioner, apart from serving the life sentence vide judgment dated 28.1.1994, is facing trial under Section 5 of the T.A.D.A. Act and Section 25, Arms Act, which is pending in the Court of Designated Judge at Sangrur. The contention of the learned counsel for the petitioner is that the case under the T.A.D.A. Act is still pending and the petitioner is on bail in that case. It has also been contended that the respondent-authorities cannot in law reject the case of parole of the petitioner on the additional ground of the pendency of the case under the T.A.D.A. Act.

(3.) IN view of the foregoing discussion, there are no valid grounds for opposing the release on parole of the petitioner and he deserves to be released on parole under Section 3(1) (d) of the Act. The petitioner is accordingly ordered to be released on parole for a period of four weeks subject to his filing necessary bonds to the satisfaction of District Magistrate, Sangrur, that the petitioner while on parole shall not indulge in any subverse activity prejudicial to the State and maintenance of public order. The petitioner, after the expiry of period of parole, shall appear before the District Magistrate, Sangrur, for being sent to jail to serve out the remaining sentence.