JAGDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jagdev Singh is undergoing life imprisonment in Central Jail, Patiala, following his conviction in a murder case. He applied for parole on 1. 1. 1988 on the ground that he had to undertake repair of his house situate in village Cheema, Tehsil Barnala, District Sangrur, The application was turned down on the ground that the release of the petitioner was likely to cause breach of peace in the village. A copy of the order was not furnished to him. Only an entry was made on his ticket. The petitioner is undergoing life imprisonment along with his father who is aged 70 years. He has challenged the order of the releasing authority as arbitrary and has prayed for being released on parole under the Punjab Good Conduct Prisoners-, (Temporary Release) Act, 1962.

(2.) Notice was issued to Advocate-General, Punjab, and appearance was made on behalf of the respondents. In-spite of the adjournments taken for the purpose, no reply has been filed. I would, therefore, proceed with the assumption that the averments made in the petition arc broadly undisputed. The fact that the ground on which parole is sought is genuine is made out from the unrebutted averments made in the petition and also from the affidavit of the petitioner as also of the Panchayat of the same village Annexure P. 1. During the two weeks there has been unprecedented rainfall in this region resulting in floods and this has added urgency to the task of carrying out the repair of the house.

(3.) Mere apprehension of breach of peace or opposition by the complainant at whose instance the prisoner was convicted is no ground to reject the prayer for temporary release. For the reasons mentioned above the petition is allowed. The petitioner is directed to be released on parole for a period of four weeks on his furnishing bond and surety to the satisfaction of Chief Judicial Magistrate, Sangrur. Dasti.