MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED applicant Mohinder Singh is undergoing life imprisonment in Central Jail, Bhatinda. Calculating the remissions earned and under-trial period together with the period actually spent by him in jail after conviction, the accused has undergone 4 years 3 months and 17 days so far. Four weeks parole asked for by the accused-applicant for carrying out repairs to his residential house in village Dadra, Police Station Budhlada, district Bhatinda on September 8, 1987 was turned down by the respondent on January 8, 1988. The solitary ground assigned for rejection of the parole to the petitioner is that prosecution witnesses in the case apprehended danger to their lives if the petitioner is granted parole.

(2.) IT has been held times out of number in (1) Bhagwat Saran and others v. State of U.P. and others, 1983(1) C.L.R. 504; (2) Bachan Singh v. State (Delhi Admn), Criminal Writ Petition No. 272 of 1985 decided on May 27, 1986; (3) Lila Singh v. State of Punjab, 1988(1) Recent Criminal Reports 28, Criminal Writ Petition No. 648 of 1987 decided on September 9, 1987; (4) Bakshish Singh v. State of Punjab, Criminal Writ Petition No. 1520 of 1987 decided on February 3, 1982, and (5) Darshan Singh v. State of Punjab, 1988(1) R.C.R.(Criminal) 472, Criminal Writ Petition No. 1728, decided on January 13, 1988 that the contention of the respondents that, the premature release of the petitioner is likely to prove hazardous to peace and tranquillity in the locality without mentioning any material on which this conclusion was arrived at, is not a ground to reject the premature release case of the petitioner. A bald statement like that without any attempt to indicate as to how law and order is likely, to be adversely affected by his release, cannot be accepted.