DEVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - Devinder Singh has filed this petition under Articles 226/227 of the Constitution for the issuance of an appropriate writ, order or direction that he be released on parole in order to perform the marriage of his real sister which is fixed for 7th June, 1968. The petitioner is lodged in Central Jail, Ferozepur in a case under Section 302, IPC. During his stay in the jail his conduct has been good as he did not commit any jail offence Notice of the petition was given to the State. However. no reply has been filed. I have heard the learned counsel for the parties.

(2.) MR . S.K. Sayal, AAG. appearing on behalf of the State has argued that the ground urged in the petition under Section 3(1)(c) of the Panjab Good Conduct Prisoners (Temporary Release) Act, 1962 is that a detenu can be released on parole on the ground of the marriage of his daughter or son. This contention cannot be accepted as the matter was considered by the High Court in Cri. W. P. No. 839 of 1986 (Subhash Kumar Jain v. State of Punjab) decided on 23rd September, 1986 by Pritpal Singh, J. who, held that such a ground would be, available under Section 3(1)(d) of the Act, where the detenu also sought the release on parole to conduct the marriage of his real sister. That being the position. this petition is allowed. Devinder Singh petitioner is directed to be released on parole on his furnishing bond to the satisfaction of the Chief Judicial Magistrate, Ferozepur for a period of 10 days starting from the date of his release. He will surrender before the Chief Judicial Magistrate after the expiry of 10 days' parole. The learned counsel for the petitioner be given the copy of order Dasti.