A.P.CHOWDHRI, J. - (1.) THE admitted case is that the petitioner has undergone more than six years imprisonment including the undertrial period following his conviction in a murder case. Throughout this period his conduct has been satisfactory in the jail. His case for temporary release on furlough was initiated in November, 1987. It was recommended by the jail Superintendent. It was, however, opposed by the District Magistrate and was rejected in March, 1988. The petitioner filed Criminal Writ Petition No. 2371 of 1988 on behalf of the State. A report was produced in that writ petition to the effect that enquiries revealed that the petition was of unsound mind having murdered his own son and it was, therefore, a potential danger to the safety of the village if he was released on furlough. Under the orders of S.D. Bajaj, J. medical examination of the petitioner was carried out and he was declared mentally fit. Again his case was moved for being released on furlough but the same has been rejected as adverse report has been made by the District Magistrate.
(2.) IN the return, the only plea raised by the respondents is that the case had been rejected as the District Magistrate, had opposed the prayer on the basis of the report of the police. Unfortunately, neither report of the District Magistrate nor of the police nor the supporting material has been made available for perusal of the Court. Mere ipse dixit of the District Magistrate mentioned in the return cannot be accepted. it may be emphasised that the return, expressly admits that. the petitioner was declared mentally and physically sound by the jail doctor. Even otherwise it stands admitted that the petitioner's conduct during his entire period of more than six years in the jail had been satisfactory. If the petitioner was a person of unsound mind, he could not have been tried in the case resulting in his conviction and sentence. For all these reasons the order in question is unsustainable and in so far as it turns down the prayer of the petitioner, it is arbitrary. The petition is, therefore, allowed and it is directed that the petitioner shall be released on three weeks furlough on his furnishing bail and surety bond to the satisfaction of Chief Judicial Magistrate, Ferozepur.;