MANI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Mani Ram son of Goverdhan was sentenced to imprisonment for life on 6.3.1982 by Sessions Judge, Ferozepur for the offence of murder. He has moved this petition for his temporary release on furlough under section 4 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (in short the Act), contending that his conduct in jail has been good; that he is entitled to temporary release on furlough as all the requisite formalities stand satisfied and that refusal thereof by the releasing authority is arbitrary. It is further contended therein that petitioner's release on furlough was recommended by Superintendent, Central Jail, Bhatinda, in which jail he is confined, twice, but to no avail.

(2.) IN the written statement filed by way of affidavit of Harbhagwan Singh Brar, Chief Probation Officer, Office of the Inspector General of Prisons, Punjab, it is admitted that conduct of the petitioner in jail has been good throughout and it is neither disputed that all the formalities required under section 4 of the Act to entitte a prisoner for temporary release on furlough, are satisfied in case of the petitioner. It is further admitted therein that his case was duly recommended, by the Superintendent, Central Jail, Bhatinda on 31.7.1985. Prisons, but petitioner's prayer was rejected by the I.G. of Punjab on 28.8.1986 on the ground that there was apprehension of breach of peace in case this convict was allowed leave. This opinion of the District Magistrate, however, is not based on any material or data. No attempt has been made to indicate as to how law and order was likely to be adversely affected by the release of the petitioner on furlough. I, therefore, find that the denial of the petitioner's prayer was on extraneous and arbitrary grounds and was not at all justified.

(3.) IN the light of what has been stated above, I am of the opinion that Mani Ram is entitled to temporary release on furlough. Admittedly, he was not so released earlier and it is his first furlough. It is, therefore, directed that petitioner Mani Ram be released temporarily on furlough for three weeks to the satisfaction of District Magistrate, Ferozepur. Order accordingly.