K.S.BHALLA, J. - (1.) PETITIONER Gangan Singh s/o. Partap Singh is under. going life imprisonment in Central Jail, Bathinda, in compliance with the order dated 15.10.1982 of Sessions Judge, Bhatinda. He applied for temporary release on parole under Section 3 (1)(d) of the Punjab Good Conduct Prisoners (Temporary release) Act, 1962 for 18 days for repair of his house on 2.3.1987. His application was duly recommended by the Superintendent Central Jail, Bathinda, (respondent No. 3) but was rejected on June 8, 1988. It is alleged that the same was wrongly rejected without any cogent reason. Present criminal writ petition has heed filed by him for his such release contending that be owns a house which requires urgent repairs, that there is no adult male member in the family who could help him to arrange the same, that he maintained good conduct in jail and that rejection of his case for temporary release on parole was made by the releasing authority in an arbitrary manner.
(2.) FROM the return filed on behalf of the respondents, it is clear that conduct of the petitioner while in jail was satisfactory. It. is further admitted therein that his case for release on four weeks parole was recommended by the village Panchayat. No substantial justification for rejection of the case of the petitioner for temporary release on parole had been offered in the reply. It is simply stated that the same was rejected on the basis of adverse reports made by District Magistrate and local police, Those reports have not been placed on the record nor their sum and substance has been disclosed in the reply tendered on behalf of the respondents. In the absence thereof, it is not possible to infer that the order of the releasing authority in rejecting the prayer of the petitioner was justified. It is not disputed that petitioner owns a house and that the same required repair. On the other hand, when it is accepted that the village Panchayat recommended the same, it can conveniently be inferred that case of the petitioner is covered within the scope of term "other sufficient cause" in clause (d) of sub section (1) of section 3 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. No plausible reason for rejection of the case of the petitioner having been advanced, in face of the above conclusion and admissions with regard to satisfactory jail conduct I have no option but to conclude that the denial of the petitioners prayer was on extraneous and arbitrary grounds and for said reason was not at all justified.
(3.) IN the light of what is stated above petitioner Gangan Singh is ordered to be temporarily released on four weeks parole to the satisfaction of District Magistrate, Bathinda.;