SAROOP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition, the material facts are that Sarup Singh is undergoing life imprisonment following his conviction by learned Sessions Judge, Ferozepur, dated 21-2-1981. He applied for parole for agricultural purposes under section 3(1)(c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, but his application was ultimately rejected apparently on the ground that there was apprehension of breach of peace and danger to public peace and tranquillity in the release of the petitioner. The petitioner has challenged the order rejecting his prayer, He has further stated that he owns agricultural land at his village Mohkam Bhatti, District Ferozepur; that there is no other adult male member in the family and the detenu is the only person who could undertake agricultural operations.

(2.) IN the return filed by the respondents, reference has been made to other Criminal Writ Petition No. 2875/1988 filed by the petitioner in this Court and it has been added that under orders of a learned Judge of this Court dated 16-12-1938, the petitioner had availed of six weeks' parole from 2-1-1989 to 13-2-1989. According to the instructions of the Government, the petitioner will become due for consideration of another parole only on the expiry of one year i.e. around middle of February, 1990. Instructions relied on by learned State Counsel have been printed at page 615 of the Commentary on Punjab Jail Manual by Mr. V.K. Jindal. These instructions are dated 14-9-1964 A perusal shows that ordinarily one year should elapse since the last furlough availed of by prisoner but there is an exception in favour of exceptional circumstances.

(3.) AFTER hearing both the learned counsel, the respondents are directed to release the petitioner on six weeks' parole under section 3(1)(c) of the Act on his furnishing bond and surety to the satisfaction of Chief Judicial Magistrate, Ferozepore Dasti.