KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

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

(2.) ON behalf of the State grant of parole to the petitioner has mainly been opposed on the ground that the petitioner has already enjoyed four weeks parole from 12.10.1988 to 10.11.1988.

(3.) FOR the foregoing reasons, the petitioner is directed to be released on parole under Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1961 for a period of four weeks in order to enable him to reconstruct/repair his damaged house subject to his furnishing adequate security to the satisfaction of Chief Judicial Magistrate, Bhatinda. The petitioner after the expiry of period of parole shall surrender before the jail authorities concerned. Order accordingly.