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Judgment
37 paragraphs · 937 wordsM.L. Singhal, J.
This is Crl. Misc. petition No. 25801M of 1997 filed by Inderbir Singh son of late Shri Gurjaipal Singh whereby he has prayed that agricultural parole allowed to him be extended from 22.11.1997 to 11.12.1997. It is stated that he was convicted and sentenced to imprisonment for life by Sessions Judge, Jalandhar in case F.I.R. No. 4 dated 21.2.1995 of PS Division No. 2, Jalandhar alongwith his coaccused. He is an agriculturist having about 60 acres of agricultural land in village BudhoPunder, Tehsil & District Kapurthala. Agriculture is his mainstay. He is the only son of his father who is no more. He has three minor children i.e. two daughters and one son who are studying in school. There is no other male member in the family who could look after the cultivation of land. He was allowed agricultural parole for a period of 6 weeks under section 3 subsection (c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (in short Act). He is to surrender on 22.11.1997. He is potato grower. He grew potatoes in his land. Due to the excessive rains, potato crop sown by him has been damaged in about 13 acres of land. That 13 acres of land is to be sown afresh. It will be sown afresh after it gets dried and becomes ready for being sown. It will take 15 days'' time to the fields to be dried up. Thereafter, the sowing of potato crops can commence. He submitted application on 13.11.1997 to Superintendent, District Jail Kapurthala for obtaining extension in agricultural parole for a period of at least 3 weeks. His request was declined vide order No. 1780 dated 13.11.1997 Annexure P3.
Respondent opposed this CrI. Misc. petition urging that the petitioner has availed parole so far as under :
3.7.96 to 18.7.96 2 weeks parole by Superintendent Jail Kapurthala = 14 days
18.7.96 to 21.7.96 4 days extended by Hon''ble High Court = 4 days
22.7.96 to 6.8.96 2 weeks emergency parole by I.G. prisons = 14 days
14.10.96 to 26.11.96 6 weeks agricultural parole by I.G. prisons = 42 days
26.11.96 to 11. 12.96 16 days extended by. Hon''ble High Court = 16 days
23.12.96 to 11. 1.97 2 weeks emergency parole by I.G. Prisons = 14 days
12.1.97 to 25.1.97 2 weeks emergency parole by IG. Prisons = 14 days
31.1.197 to 14.2.97 2 weeks emergency parole by I.G. Prisons = 14 days
19.2.97 to 1.4.97 6 weeks agricultural parole by I.G. Prisons = 42 days
2.4.97 to 12.4.97 11 days extended by Hon''ble High Court = 11 days
13.4.97 to 23.4.97 11 days extended by Hon''ble High Court = 11 days
23.4.97 to 30.4.97 8 days extended by Hon''ble High Court = 8 days
11.6.97 to 24.697 2 weeks by Superintendent Jail Kapurthala = 14 days
26.6.97 to 9.7.97 2 weeks by I.G. Prisons = 14 days
12.7.97 to 25.7.97 2 weeks by I.G. Prisons = 14 days
3.8.97 to 16.8.97 2 weeks by I.G. Prisons = 14 days
10.10.97 to 22.11.97 6 weeks by I.G. Prisons = 42 days
302 days
He has thus availed 302 days parole so far. He is not inclined at all to undergo the sentence awarded to him by the Court. By his conduct, the judicial system is being eclipsed. Nobody should be allowed to tilt the judicial system. Further agricultural parole can be granted for a maximum period of 6 weeks in a year in view of the provisions of Section 3(1)(c) of the Act.
I have heard the learned counsel for the petitioner, learned Assistant Advocate General, Punjab and have gone through the record.
Section 3(1)(c) of the Act, 1962 reads as under :
"3 Temporary release of prisoners on certain grounds :
(1) The State Government may, in consultation with the District Magistrate and subject to such conditions and in such manner as may be prescribed, release temporarily for a period specified in subsection (2) any prisoner if the State Government is satisfied that
(a) a member of the prisoner''s family had died or is seriously ill; or
(b) the marriage of the prisoner''s son or daughter is to be celebrated; or
(c) the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation on his land and no friend of the prisoner or a member of the prisoner''s family is prepared to help him in this behalf in his absence;
(2) The period for which a prisoner may be released shall be determined by the State Government so as not to exceed
(a) xxx xxx xxxx
(b) xxx xxxx xxxx
(c) where the prisoner is to be released on the ground specified in clause (c) of subsection (1), six weeks.
(3) xxxx xxx xxxx
(4) xxxx xxxxx"
It is clear from the provisions of Section 3(1)(c) of the Act that agricultural parole can be allowed only for a period not exceeding 6 weeks. He cannot be given any extension in agricultural parole because granting extension in agricultural parole will be defeating the intention of the legislature reflected in Section 3(1)(c) of the Act. Graph of the paroles enjoyed by the petitioner sketched out above shows that the petitioner is aiming at defeating the judicial system and is attempting to invoke one or the other provision so that he is able to set at naught the judicial system/verdict.
For the reasons given above, this Crl. Misc. Petition fails and is dismissed.