NIRBHAI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition is for release of the petitioner on furlough for 3 weeks on the ground that the Gram Panchyat as has strongly recommended his case for taking care of domestic affairs of the family, as there is no other adult male member in his family. This petition is opposed only on two grounds, first the petitioner was released on emergency parole for two weeks on 7.10.1982 from the Central Jail, Amritsar and he was to surrender on 22.10.1982, which he did not do and he was given jail punishment and secondly, that the petitioner was arrested in a case under Section 25 of the Arms Act and a case is pending against him.

(2.) THE conviction, as stated in the reply, has landed him in the jail, and because he was convicted, furlough or parole cannot be refused to him, as the Punjab Good Conduct Prisoners' (Temporary Release) Act, 1962 applies only to those persons who are convicted; sentenced and then sent to jail and because of their conviction for a particular offence, this concession cannot be refused.

(3.) THE jail punishment, mentioned in the reply has already been quashed vide my order dated 18.11.1987, Criminal Writ Petition No. 430 of 1987. Therefore, both the grounds on which opposition is made do not exist in the eye of law.