PRITAM 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 4 weeks in order to enable him to repair/construct his house, which was substantially damaged due to heavy rains and floods in September, 1988. This aspect of the case finds support from Panchayatnama Annexure P-1. This aspect of the case has also not been specifically denied by the State in its written reply, and would be deemed to have been admitted.

(2.) The prayer for grant of bail has mainly been opposed on behalf of the State on the grounds that the petitioner availed of parole from 28.3.1988 to 26.4.1988 and was granted furlough for two weeks for domestic purposes in January, 1989. Taking into consideration the fact that the house of the petitioner was damaged due to unprecedented rains and floods in September, 1988, this situation certainly constitutes sufficient cause of granting parole to the petitioner, within the meaning of Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter to be referred as the Act). The mere fact that the petitioner had earlier availed of parole before his house was damaged due to floods and rains, or, the fact that he obtained two weeks furlough in January, 1989, in my opinion, would not be sufficient to deny grant of parole to the petitioner, in order to enable him to reconstruct/repair his damaged house.

(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 Act subject to his furnishing adequate security to the satisfaction of Chief Judicial Magistrate, Bhatinda. After the expiry of the parole period the petitioner shall surrender before the jail authorities.