Jagdev Singh and Another vs State of Punjab and Others

Ranjan Gogoi, C.J.—The two petitioners Jagdev Singh and his son Karamjit Singh have been convicted on 23rd January, 2012 u/s 302 IPC and have been sentenced to undergo RI for life. They are presently lodged in the District Jail, Sangrur. The present petition has been filed by the two convicts seeking their release on parole to enable them to attend the marriage of the son of the first petitioner and the brother of the second petitioner which is fixed on 25th March, 2012. The request made by the two convicts for such release on parole has not been processed by the Jail Superintendent in view of the provisions contained in rule 3(2) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 which requires good conduct on the part of the convict for at least four months following his conviction before his application for temporary release can be processed.

Having regard to the issue involved, we had requested the learned Additional Advocate General, Punjab to accept notice on behalf of the State and receive necessary instructions. Such instructions have been received which are to the effect that the marriage of the son of the first petitioner is fixed on 25th March, 2012 and that enquiries have revealed that the neighbours do not object to the release of the first petitioner on parole. The said instructions are, however, silent with regard to the second petitioner.

We have considered the matter.

If the statutory rules impose a legal bar on consideration of the case of the petitioners for temporary release under the aforesaid Act, the same ought not to be overcome by a judicial order. However, it is always open to the court to consider the entitlement of the petitioners to bail for a limited period keeping in mind the peculiar facts and circumstances of the case. It is from the aforesaid standpoint that we have considered the cases of both the petitioners.

On such consideration we are of the view that the first petitioner Jagdev Singh, being the father, should be released on bail for a limited period of ten days so as to enable him to participate in all the ceremonies to be held in connection with the marriage of his son. We have also considered the case of the second petitioner and it is our considered view that similar privilege should not be allowed to the second petitioner on account of his age and also on account of the fact that necessary religious rites in connection with the marriage ceremonies can be performed by the first petitioner.

We, therefore, direct that the first petitioner Jagdev Singh shall be released on bail on such terms as may be considered most appropriate by the learned Chief Judicial Magistrate, Sangrur. The release of the first petitioner will be effected on 22nd March, 2012 and he will report back to the District Jail, Sangrur on expiry of 10 days, i.e., on Ist April, 2012. Criminal Writ petition is disposed of in the above terms.