KARNAIL SINGH ALIAS FAKERIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS second petition for grant of release of the petitioner on parole has mainly been pressed on the ground that his residential house was damaged in the recent flood/heavy rains and he wants to carry out repairs of his house. This plea also finds support from the Panchayatnama Annexure P/1.

(2.) ON behalf of the State prayer for grant of parole has mainly been opposed on the ground that the petitioner has already availed parole for a period of six weeks which expired on Ist February, 1989. Learned counsel for the petitioner contended that the petitioner was granted parole earlier on for carrying out agricultural operations. In these circumstances the mere fact that the petitioner was granted parole earlier on in this very year would not per se be a sufficient ground to deny him another parole in view of the grave emergency which has been occasioned due to circumstances beyond the control of the petitioner. His house was damaged due to heavy rains and flood. As such it would constitute sufficient cause for granting him parole under Section 3(1)(d) of the Punjab Good Conduct prisoners (Temporary Release) Act, 1962.