Harbhajan Singh vs State of Punjab and anr.

A.L. Bahri, J.

Harbhajan Singh seeks parole in this petition filed under Article 226 of the Constitution. He is undergoing imprisonment for life as awarded by Additional Sessions Judge, Faridkot on January 11, 1980 under Section 302 of the Indian Penal Code. His sister is going to, be married on August 28, 1988, namely Bibi Paramjit Kaur. The mother of the petitioner has already died and the father is stated to be aged about 85 years and the entire responsibility is on the petitioner to make necessary arrangements for the marriage. A request was made to the Jail authorities on July 2, 1988 for getting him released on parole under Section 3(1)(b) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. However, no action was taken by the authorities. This petition is supported by an affidavit of Karnail Singh resident of village Raniwala, village of the petitioner. An invitation card in connection with the marriage of Bibi Paramjit Kaur with Kaka Bakhshish Singh to be solemnised on August 28, 1988 has also been attached.

Learned counsel appearing on behalf of the State has argued that on the aforesaid ground parole should not be allowed. In support of this contention reliance has been placed on Section 3(1)(b) which provides that parole can be allowed to the prisoners if marriage of prisoner''s son or daughter is to be celebrated. It is true that under the aforesaid clause parole cannot be allowed to the petitioner. However, subclause (d) further provides that if it is desirable to do so for any other sufficient cause, prisoner can be allowed parole. Sister being a blood relation it is considered desirable in the facts and circumstances of the present case that the petitioner should be allowed parole. While allowing this petition, it is directed that Harbhajan Singh prisoner be released for a period of three weeks to perform the marriage of his sister on his furnishing bond to the satisfaction of Chief Judicial Magistrate, Faridkot. After expiry of the period he would surrender.

Since the marriage is to be solemnised on 28th August, 1988 copy of the order is directed to be issued to the counsel for the petitioner dasti, as requested.