GURNAB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER 's father Makhan Singh is undergoing life imprisonment in Central Jail, Ferozepur following his conviction in a murder case. He has undergone three years and five months including remission earned by him on account of good conduct. He applied to the jail authorities for being released on parole on account of marriage of his daughter which is fixed for April 8, 1989. The application was not processed or forwarded by respondent No. 2 apparently on the ground that the petitioner had spent a period of four weeks on parole from 12.8.1988 to 11.9.1988. As the date of marriage approached, the petitioner's son has moved this petition.

(2.) IN response to notice, Mr. Inder Partap Singh, Advocate, has submitted that the petitioner does not appear to have made an application to the Superintendent Jail because there was no understandable reason why if the application had been made the same would not have been processed according to law. The reason suggested by the petitioner for turning down the prayer is somewhat convincing. Normally, according to the instructions, the parole is granted once during the course of one year. The same instructions, however, lay down that in exceptional cases parole can be granted more than once during the course of one year. The prayer made by the petitioner is supported by an affidavit as well as writing from the panchayat concerned. The performance of the marriage of a daughter is a sacred duty of every Hindu and it is necessary to afford reasonable facility to the petitioner to be able to attend the same. Accordingly, the respondents are directed to release the prisoner Makhan Singh s/o Sarwan Singh r/o village Mahian Wala, Police Station Zira, for a period of four weeks on parole under Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, on his furnishing bond and surety to the satisfaction of Chief Judicial Magistrate, Ferozepur. Docket be given dasti. The petition stands disposed of. Petition disposed of.