KARNAIL SINGH ALIAS FAKERIA Vs. STATE OF PUNJAB
LAWS(P&H)-1989-3-101
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 20,1989

Karnail Singh Alias Fakeria Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

S S.GREWAL,J - (1.) THIS second petition for grant of release of the petitioner on parole has mainly been pressed on the ground that his residential house was damaged in the recent flood/heavy rains and he wants to carry out repairs of his house. This plea also finds support from the Panchayatnama Annexure P/1.
(2.) ON behalf of the State prayer for grant of parole has mainly been opposed on the ground that the petitioner has already availed parole for a period of six weeks which expired on Ist February, 1989. Learned counsel for the petitioner contended that the petitioner was granted parole earlier on for carrying out agricultural operations. In these circumstances the mere fact that the petitioner was granted parole earlier on in this very year would not per se be a sufficient ground to deny him another parole in view of the grave emergency which has been occasioned due to circumstances beyond the control of the petitioner. His house was damaged due to heavy rains and flood. As such it would constitute sufficient cause for granting him parole under Section 3(1)(d) of the Punjab Good Conduct prisoners (Temporary Release) Act, 1962. For the foregoing reasons, I hereby direct that the petitioner be released on parole for a period of four weeks in order to enable him to carry out repairs of his house subject to his furnishing adequate security bond to the satisfaction of Chief Judicial Magistrate, Ludhiana. After the expiry of parole period the petitioner shall surrender himself before the Jail authorities concerned. Revision allowed.;


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