Bohar Singh vs State of Punjab

Dr. Sarojnei Saksena, J.

Petitioner has filed this petition for the grant of 4 weeks'' parole for carrying out repairs in his residential house situated in his native village under section 3 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962.

The facts of the case are that the petitioner was convicted under section 302 IPC on July 21, 1989, and was sentenced to undergo life imprisonment. Since then he is in Central Jail Ferozepur. He has not committed any jail offence. He has a house in his native village. Due to heavy rains in the last winter, the house needs extensive repairs, for which this prayer is made. The petitioner has attached certificate of Gram Panchayat Annexure P1 to show that petitioner''s house required repairs and there will be no disturbance of peace in case he is released on parole. He has also appended affidavit of his wife showing that the parents of the petitioner are old and are living separately and his children are minor. They cannot get the house repaired.

The respondents filed their reply, wherein it is mentioned that the petitioner''s case for release on parole was initiated by the Superintendent, Central Jail, Ferozepur, but the prayer was rejected by the InspectorGeneral of Prisons, Punjab, vide his order dated June 9, 1994. It is also denied that the petitioner has any house in his native village, which needs repairs. It is objected that with a view to obtain an order for release on parole, the petitioner has forged certificate of the president of the Notified Area Committee, Baghapurana. It is also objected that against rejection of his parole case, he filed Crl. Misc. No. 13428M of 1994, which was dismissed by V.K. Jhanji, J. on October 31, 1994, and another Crl. Misc. No. 4773M of 1995, which was also dismissed by S.C. Datta, J. on May 29, 1995. It is admitted by S.C. Datta, J. on May 29, 1995. It is admitted that the conduct of the petitioner in jail was satisfactory and no jail punishment is awarded to him. Petitioner''s counsel, relying on Inder Singh v. Inspector General of Prisons and others, 1987(1) Recent C.R. 474 , contended that the order of InspectorGeneral of Prisons declining parole is without jurisdiction. He also submits that the respondents have raised objections on false grounds. He owns a house and he has not filed any certificate of the President of the Notified Area Committee, Baghapurana.

From a plain perusal of Crl. Misc. No. 13428M of 1994 it is evident that this was a bail petition filed under section 439 Cr.P.C. for accused Billu son of Hukam Singh in connection with FIR No. 146 of 1994 under Sections 148, 149, 323, 324, 376 IPC, which was dismissed on September 2, 1994. Criminal Misc. No. 4773M of 1995 was filed on behalf of the petitioner for grant of parole. As on May 29, 1995 as none appeared for the petitioner, his prayer was rejected. Thus, it is apparent that on merits his prayer was never decided.

Under the aforesaid Act, the State Government has the power to grant or to decline the prayer of parole. Obviously this power is not delegated to the InspectorGeneral of Prisons. Hence his order dated June 9, 1994, rejecting petitioner''s prayer for release on parole is without jurisdiction and cannot be considered for any purpose.

From the certificate appended with the petition by the petitioner, it is evident that the petitioner has a residential house in his native village, which is in dilapidated condition and urgently needs repairs. His wife has also deposed in her affidavit that there is no other adult member in the family to carry out the repairs. Petitioner''s old parents are living separately. Except his minor children and his wife, there is no body else to effect repairs in his residential house.

Considering the above facts, the petition is allowed. It is ordered that the case of the petitioner for release on parole be considered and decided within a period of two weeks from today.