HARBANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Harbans Singh, a life convict confined in Central Jail. Jalandhar, who was sentenced by Sessions Judge, Kapurthala, on 6 12.1960, has moved this petition for his temporary release on furlough under Section 4 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, contending that he has already undergone actual sentence of more than 7-1/2 years excluding remissions and his conduct in jail has been good. According to him his case for temporary release on furlough for three weeks was recommended by Jail Superintendent on 22.12.1984 and thereafter he was not communicated any result of the same, that he is entitled to furlough every year after undergoing sentence of three years and that the pending case of his may be treated as wrongful denial of his relief.

(2.) IN the return filed on behalf the respondents, it is not disputed that conduct of the petitioner while in jail was satisfactory. However, it is added that the case of the petitioner which was forwarded by Jail Superintendent on 22.10.1984 was rejected by Inspector General of Prisons, Punjab on 3.12.1985 and fresh move for the purpose which was initiated on 16.6.1986 is still pending for want of report of District Magistrate, Kapurthala. It is also contended therein that as soon as the report is received furlough case of the petitioner shall be decided on merits and under the rules.

(3.) IN the light of what has been stated above I am of the considered opinion that petitioner Harbans Singh is entitled to temporary release on furlough. Admittedly, he was not so released earlier and it is his first furlough. It is, therefore, ordered that petitioner Harbans Singh be released on furlough for three weeks to the satisfaction of District Magistrate, Kapurthala.