S.S.GREWAL,J - (1.) THIS petition under Article 226 of the Constitution of India relates to grant of parole to the petitioner for a period of four weeks, in order to enable him to repair/reconstruct his house in the village, which had been substantially damaged on account of heavy rains and floods that hit his village during September, 1988. This aspect of the case finds support from the Panchayatnama Annexure P-1. This fact has not been specially denied by the State in its reply would thus deemed to have been admitted.
(2.) ON behalf of the State grant of parole to the petitioner has mainly been opposed on the ground that the petitioner has already enjoyed four weeks parole from 12.10.1988 to 10.11.1988. Perusal of the order of brother A.P. Chowdhri, J. in Criminal Writ Petition No. 1774 of 1988 reveals that the petitioner had been granted emergency parole on 30th September, 1988 for a period of four weeks in connection with the marriage of his sister which was to be instructions in October, 1988. It is true that normally according to the institutions the petitioner cannot be released on parole before the expiry of one year from the date of his last release. However, the fact remains that the house of the petitioner was damaged due to heavy rains and floods. The house of petitioner had been damaged due to extraordinary situation over which the petitioner had no control, whatsoever. This would itself constitute sufficient cause within the meaning of Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1961 for granting parole to the petitioner. Mere fact that the petitioner has availed of parole earlier on in connection with the marriage of his sister in October and November, 1988 in the circumstances of the case can hardly be considered as sufficient ground for refusing parole to the petitioner. Rather the case of the petitioner would fall within the definition of special and emergent case which would justify waiver of the period of one year referred to above.
(3.) FOR the foregoing reasons, the petitioner is directed to be released on parole under Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1961 for a period of four weeks in order to enable him to reconstruct/repair his damaged house subject to his furnishing adequate security to the satisfaction of Chief Judicial Magistrate, Bhatinda. The petitioner after the expiry of period of parole shall surrender before the jail authorities concerned. Order accordingly.;