Daljit Singh vs State of Punjab and anr.

A.L. Bahri, J.—Daljit Singh prays for his release on parole in this case under the provision" of the Punjab Good Conduct Prisoners (Temp) Release) Act, 1962. He was convicted under Section 302, IPC 13th March, 1987 by the learned Sessions Judge, Ludhiana and was awarded life imprisonment. He seeks his release on parole on the ground that there is no other adult male member in the family to repair the house. Reply to the application has been filed on behalf of the State, inter alia. alleging that the case was recommended by the Superintendent Jail for his release on parole. However, subsequently on an enquiry being, made his request was declined by the authorities On a perusal of the same, I find that during the inquiry the statement of the complainant''s side was recorded who apprehended breach of peace if the petitioner was released on parole.

The occurrence is alleged to have taken place on 21st August, 1985. Almost 3 years are going to pass. Now the petitioner desires to be released on parole. On the perusal of the report it also transpires that the opinion of the local, Panchayat was sought who went against the petitioner. In the peculiar circumstances it cannot be said that a fair inquiry was held. The complainant, of course, would be against the release of the petitioner on Parole and normally on account of party factions, the decision of the Panchayat on such like matter may be biased.

Shri S.K. Sayal, A.A.G., Punjab appearing on behalf of the State has argued that the case of the petitioner is not covered under section 3 of the Act for his release on parole and that the father of the petitioner has approached this court, who is also an adult male member in the family.

As for as the first point is concerned, my attention has been drawn to three decisions of this Court where on the ground of repairing a house the release was ordered. Those are CrI. W.P. No. 1092 of 1987 (Karnail Singh v. State of Punjab) decided by K.S. Bhalla, J. on November 27, 1987; Cri. W.P. No. 999 of 1987 (Raj Singh v. State of Punjab) decided by K.S. Bhalla, 1. on November 27, 1987 and Cri. Misc. No. 103 of 1987 (Jeet Ram v. State of Punjab and another, 1988(1) Recent Criminal Reports 371) decided by Ujagar Singh J. Keeping in view the ratio of the decisions referred to above, repairing of a house of an agriculturist would be sufficient ground to allow him parole under Section 3(1)(d) of the Act.

So far as the second point is concerned no doubt the father has approached this court for the release of his son. However, it is not clear from the record regarding the age of the father of the petitioner or the son. There is no mention in the written statement about the same. Thus Daljit Singh is allowed to be released on parole for a period of four weeks on his furnishing bond in the sum of Rs. 10,000/ to the satisfaction of the Chief Judicial Magistrate, Ludhiana. After the expiry of four weeks, he will surrender before the Chief Judicial Magistrate, Ludhiana.