DIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner, Dial Singh, who was sentenced to life imprisonment on 8.1.1.983 by Sessions Judge, Bhatinda for the offence of murder, has moved this petition for temporary release on furlough. He has contended that his case falls within four corners of Section 4 of Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter called the 'Act') and that his conduct in jail has been good. He has further contended that for the said reasons, he is entitled to temporary release on furlough and the denial therefrom by the Releasing Authority is arbitrary. The contention is also supported through Panachyatnama, Annexure P. 1,

(2.) THE application for furlough of the petitioner was forwarded by the Superintendent, Central Jail, Bhatinda on 5.5.1986 which necessarily implies that the conduct of the petitioner in jail was good and requirements of clause (b) of Subsection (1) of Section 4 of the Act stood satisfied, otherwise his ease would not have been forwarded for temporary release on furlough. Such release of the petitioner was, however, refused and his case was rejected by the Inspector General of Prisons. Panjab on 19.12.1986 as stated in the written statement.

(3.) IN the light of what has been stated above, I am of the considered opinion that the petitioner, Dial Singh is entitled to temporary release on furlough. Admittedly he was not released earlier and it 1-4 his first furlough. It is, therefore, directed that the petitioner, Dial Singh be released temporarily on furlough for three weeks to the satisfaction of District Magistrate, Bhatinda.