INDERBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is Crl. Misc. petition No. 25801-M of 1997 filed by Inderbir Singh son of late Shri Gurjaipal Singh whereby he has prayed that agricultural parole allowed to him be extended from 22.11.1997 to 11.12.1997. It is stated that he was convicted and sentenced to imprisonment for life by Sessions Judge, Jalandhar in case F.I.R. No. 4 dated 21.2.1995 of PS Division No. 2, Jalandhar along-with his co-accused. He is an agriculturist having about 60 acres of agricultural land in village Budho-Punder, Tehsil & District Kapurthala. Agriculture is his mainstay. He is the only son of his father who is no more. He has three minor children i.e. two daughters and one son who are studying in school. There is no other male member in the family who could look after the cultivation of land. He was allowed agricultural parole for a period of 6 weeks under section 3 sub-section (c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (in short Act). He is to surrender on 22.11.1997. He is potato grower. He grew potatoes in his land. Due to the excessive rains, potato crop sown by him has been damaged in about 13 acres of land. That 13 acres of land is to be sown afresh. It will be sown afresh after it gets dried and becomes ready for being sown. It will take 15 days' time to the fields to be dried up. Thereafter, the sowing of potato crops can commence. He submitted application on 13.11.1997 to Superintendent, District Jail Kapurthala for obtaining extension in agricultural parole for a period of at least 3 weeks. His request was declined vide order No. 1780 dated 13.11.1997 Annexure P-3.

(2.) RESPONDENT opposed this CrI. Misc. petition urging that the petitioner has availed parole so far as under :- 1. 3.7.96 to 18.7.96 2 weeks parole by Superintendent Jail Kapurthala = 14 days 2. 18.7.96 to 21.7.96 4 days extended by Hon'ble High Court = 4 days

(3.) 14.10.96 to 26.11.96 6 weeks agricultural parole by I.G. prisons = 42 days