RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAJINDER Singh, petitioner filed a petition under Section 482, Cr. P.C. to invoke the jurisdiction of this to meet his family members under Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. The case set up by the petitioner initially was that he wanted to live with his wife, who is residing in the house of one Mangal Singh at Ludhiana. The prayer of the petitioner was contested by the State on the ground that on enquiry it has been revealed that the wife of the petitioner was not residing in the house of Mangal Singh and further the said Mangal Singh is not ready to accept the responsibility qua the petitioner. Further apprehension has been expressed by the State that in case the petitioner was released on parole, he might flee and go to the State of Bihar and it may be difficult for the State to procure his presence.

(2.) DURING the pendency of the petition, Rajinder Singh filed a criminal misc. stating that in fact he wanted his release under Section 4 of the said Act as his case for release on furlough was being considered by the respondent - authorities.

(3.) MR . A.S. Trikha, learned counsel appearing on behalf of the petitioner, submitted that irrespective of the fact that the petition was filed under Section 3 of the said Act, yet the case of the petitioner was processed under Section 4 as the petitioner had applied under Section 4 for releasing him on furlough and the State possibly could not reject the case of the petitioner on the ground that the petitioner might flee from justice and run away to Bihar. Supplementing his submission, Mr. Trikha submitted that the case of the petitioner either under Section 3 or under Section 4 could only be rejected under Section 6 and in this Section the apprehension contemplated by the State is not a valid ground for rejection of the case.