JANTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India, relates to grant of parole for a period of four weeks to the petitioner, in order to enable him to repair/reconstruct his house in the village which has been substantially damaged on account of unprecedented rains and devastating floods during the second half of September, 1988. This aspect of the case finds support from the Panchayatnama Annexure P/1. The same has not been specifically denied by the State in its reply, and, would thus be deemed to have been admitted.

(2.) GRANT of parole to the petitioner has been opposed on behalf of the State mainly on the ground that the petitioner committed two jail offences, one on 30th January, 1988 in which no action has been taken so far and another on the night intervening 27/27.11.1988 for which 12 days earned remission was forfeited and his case was sent to the Sessions Judge, Bhatinda for judicial appraisal on 20th November, 1988. It was further submitted on behalf of the State that in view of the instructions contained in letter No. 122884-IJL-64/33315 dated 30th September, 1964, normally no request from a prisoner for his release on parole/furlough should be entertained until the expiry of one year since his last release on parole/furlough and the petitioner is not entitled to parole. In special, and emergent cases as and when received by the Government for consideration even this condition of one year can be waived off.

(3.) FOR the foregoing reasons the petitioner is directed to be released on parole for a period of four weeks under Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 in order to enable the petitioner to carry out repairs/reconstruction of his house subject to his furnishing adequate security to the satisfaction of Chief Judicial Magistrate, Bathinda. After the expiry of period of parole the petitioner shall surrender before the jail authorities concerned. Order accordingly.