Jatinder Singh vs State of Punjab and ors.

S. S. Grewal, J.

This petition under Articles 226 & 217 of the Constitution of India relates to grant of parole to the petitioner under Section 3(1)(c) & (d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. for a period of six weeks, as devastating floods had caused big loss to the crops, as well as to the house of the petitioner, which requires extensive repairs.

Panchayatnama (Annexure P2), however, refers to the condition of the house, which is stated to be in dilapidated condition due to unprecedented rains and floods, and there is no other adult able male member in the family of the petitioner to carry out repairs of his house.

The State in its written statement had not specifically denied that the house of the petitioner had been damaged due to unprecedented rains and floods. This aspect of the case thus should be deemed to have been admitted by the respondent State. According to the return filed by the State, the grant of parole is resisted on the ground that the petitioner had neither requested the Jail Authorities for the release on parole, nor he had undergone one year of his sentence as he was convicted on 6th June, 1988, and he had availed one parole from 10121988 to 16121988.

It is quite apparent that the petitioner has undergone one year of his sentence, and there is no legal bar to grant him parole. The petitioner has not committed any jail offence after his conviction and sentence. Mere fact that he had not earned any annual Good Conduct Report, in my opinion, would not constitute any legal bar to grant parole to the petitioner. The house of the petitioner has been damaged due to unprecedented rains and floods, which constitutes grave emergency and would entitle the petitioner to be released on emergency parole within the meaning of Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. Mere fact that the petitioner has already availed of parole from 10th December, 1988 to 16th Dec. 1988, would not constitute sufficient ground to hold that the petitioner is not entitled to grant of parole.

For the foregoing reasons, the petitioner is directed to be released on emergency parole for a period of four weeks under Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, subject to his furnishing adequate security bonds to the satisfaction of the Chief Judicial Magistrate, Ferozepur.

After the parole period is over, the petitioner shall surrender to the Jail Authorities concerned.