PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, who is presently undergoing imprisonment for life following his conviction under Section 302 of the Indian Penal Code, is aggrieved by the refusal of respondents to release him on furlough for the purpose of house repair. The case of the petitioner has Seen rejected on the solitary ground that in case he was released on furlough, it would endanger the maintenance of public order and cause danger to the complainant party.

(2.) A written statement has been filed on behalf of respondent No.1 setting out the reasons for rejecting the case of petitioner.

(3.) THE stand of the respondents is wholly untenable. Under Section 6 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, temporary release can be denied to a prisoner only in the event that his release would endanger security of the State or maintenance of public order. A mere apprehension of the kind expressed by the respondents does not fall within the ambit of Section 6 of the Act as held by this Court in Joginder Singh v. State of Punjab and Anr., 1988 (2) RCR 548.