JATINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Articles 226 & 217 of the Constitution of India relates to grant of parole to the petitioner under Section 3(1)(c) & (d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. for a period of six weeks, as devastating floods had caused big loss to the crops, as well as to the house of the petitioner, which requires extensive repairs.

(2.) PANCHAYATNAMA (Annexure P2), however, refers to the condition of the house, which is stated to be in dilapidated condition due to unprecedented rains and floods, and there is no other adult able male member in the family of the petitioner to carry out repairs of his house.

(3.) IT is quite apparent that the petitioner has undergone one year of his sentence, and there is no legal bar to grant him parole. The petitioner has not committed any jail offence after his conviction and sentence. Mere fact that he had not earned any annual Good Conduct Report, in my opinion, would not constitute any legal bar to grant parole to the petitioner. The house of the petitioner has been damaged due to unprecedented rains and floods, which constitutes grave emergency and would entitle the petitioner to be released on emergency parole within the meaning of Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. Mere fact that the petitioner has already availed of parole from 10th December, 1988 to 16th Dec. 1988, would not constitute sufficient ground to hold that the petitioner is not entitled to grant of parole.