LAKHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is undergoing life imprisonment following his conviction in a case under Section 302, I.P.C. by order of learned Sessions Judge, Ludhiana, dated November 5, 1981. He made an application for three weeks' furlough in accordance with the provisions of section 4 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, on October 29, 1988. It was recommended by respondent No. 2, but ultimately it was rejected by the releasing authority. The order has been challenged as arbitrary and illegal.

(2.) IN the return filed by the respondents, all that has been stated is that the case of the petitioner's release on furlough was rejected "after due consideration". It is plain and simple that ipse dixit of the officer filing the return cannot be accepted. The Court is entitled to see whether the order of rejection was in accordance with law or it was arbitrary as alleged by the petitioner. No material having been produced before me and the reply being what it is, the irresistible conclusion is that order under challenge is arbitrary and unsustainable. The petition is, therefore, allowed and it is directed that the petitioner shall be released on three weeks' furlough under the aforesaid provisions of law on his furnishing bond and surety to the satisfaction of Chief Judicial Magistrate, Ludhiana. Petition allowed.