LAKKHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed by the petitioner for his temporary release on parole as his brother's marriage is fixed for December 11, 1988. Notice was issued. The counsel for the State wants to file a reply to the petition. However, in my opinion, no useful purpose would be served by allowing the counsel for the State to file a reply as the marriage is stated to be fixed for December 11, 1988 and by the time the case is heard again on December 11, 1988, the date fixed for marriage would expire. The counsel for the State has brought to my notice the provisions of Section 3(1)(b) of the Punjab Good Conduct Prisoner's (Temporary Release) Act, 1962, wherein detenu can be released on parole on the ground of the marriage of his son or daughter only. Faced with this situation, the learned counsel for the petitioner has argued that in a similar matter i.e. Criminal Writ Petition No. 839 of 1986 decided by this Court and yet another Criminal Writ Petition No. 1065 of 1988 decided on June 6, 1988, this Court had been releasing the detenu even for the performance of the marriage of their sisters. It was held in the decided cases that such a ground can be made available to the detenu within the ambit of Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release, Act, 1962. By applying the same analogy of the aforesaid decisions, surely the petitioner can be ordered to be released on parole for the performance of the marriage of his brother.

(2.) In view of the observations made about, this petition is allowed. The petitioner is ordered to be released on parole for a period of three weeks. He would surrender after the completion of three weeks. The petitioner be released on parole on his furnishing bond and security to the satisfaction of Chief Judicial Magistrate, Amritsar.