JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is undergoing life imprisonment following his conviction in a case under Section 302 of the Indian Penal Code. At the time of the filing of the petition, he has actually undergone 5-1/4 years imprisonment The case for his temporary release on furlough was initiated at his request which was, however, ultimately turned down. The order of rejection has been challenged in this writ petition.

(2.) IN the return, the plea taken is that the release could be ordered only in consultation with the District Magistrate concerned who was the District Magistrate, Kapurthala. It is further stated that he did not recommend the case and accordingly the prayer of the petitioner was turned down. In the return, it is specifically admitted that the conduct of the petitioner in the jail remained satisfactory and he had not availed of any parole or furlough during his incarceration so far No doubt, the Act envisages that the releasing authority shall pass the order of temporary release on parole or furlough in consultation with the District Magistrate, the District Magistrate has not been given any power of veto. The District Magistrate in turn obtains report of the police and if as a result of this exercise any fact is brought on the record which would justify denying application of the beneficent provisions of the Punjab Good Conduct Prisoners' (Temporary Release) Act, 1962, the releasing authority passes an order accordingly in the instant case as stated above, no supportive facts have been brought on the record. Mere ipsi dixit of the District Magistrate or for that matter the police authority is not sufficient and the order rejecting the prayer for furlough is altogether arbitrary and cannot be sustained accordingly, the petition is allowed and it is directed that the petitioner shall be released on three weeks furlough under Section 4 of the aforesaid Act on his furnishing bond and surety to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Kapurthala.