MALKIAT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner was initially convicted under S. 302 of the Indian Penal Code and sentenced to life imprisonment. In appeal the offence was converted into a lesser one and the sentence was reduced to 7 years. He is in custody in Central Jail, Ferozepur. In November, 1988 at the instance of the father of the petitioner vide application Annexure P.1, a case for temporary release of the petitioner on parole was initiated by the Superintendent Central Jail, respondent No. 2. The ground was that the petitioner had to carry out extensive repairs to a katcha house which had suffered badly on account of rains and floods. His old father was unable to undertake the repairs. The said application was adversely commented upon by the district police and the District Magistrate as a result of which it was ultimately rejected by the releasing authority on 23.6.1989. The aforesaid rejection has been challenged through this writ petition as altogether arbitrary and based on no reason.

(2.) In the return filed by the respondent, it is not disputed that the petitioner has been throughout of good conduct. The only plea raised in the written statement is that the application was opposed by the Superintendent of Police and District Magistrate who were consulted in the matter. It is well settled that mere ipse dixit of the District Magistrate including the police does not justify rejection of a prayer for parole. It is the duty of the State to place the entire material before the Court so that the relevant facts and circumstances of each case can be considered with a view to ascertaining whether the ultimate order passed by the State was arbitrary or based on some plausible material. Viewed from this angle, the State has not been able in this case to place on record the requisite material and, therefore, the irresistible conclusion is that the order rejecting the prayer was arbitrary. The same is, therefore, set aside and it is directed that the petitioner shall be released on four weeks parole on his furnishing bond and surety to the satisfaction of Chief Judicial Magistrate, Faridkot. Dasti.