Jit Singh vs State of Punjab and anr.

Harmohinder Kaur Sandu, J.

Jit Singh, petitioner was tried for an offence punishable under Section 302 of the Indian Penal Code and was awarded sentence for imprisonment for life by the learned Sessions Judge, Kapurthala, on 19.4.1990. He was detained in Central Jail, Jalandhar. He moved the jail authorities for grant of six weeks agricultural parole under Section 3(1)(c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, as his case was duly recommended by the Superintendent of the Jail, but it was rejected by the respondents, vide letter dated 21.8.1991 on the basis of adverse reports of the local police that there was apprehension of breach of peace and danger to public order on temporary release of the detenu. The petitioner has now filed this petition under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India, for grant of six weeks agricultural parole.

The averments made in the petition are that there was no other adult male member in the family of the petitioner, who could make necessary arrangements for the performance of carrying on agricultural operations. He had no relative or friend who could help him in agricultural pursuits. The main source of the family income was from agriculture and there was no other source of income. His prayer for temporary release was wrongly rejected by the respondents on the ground of apprehension of breach of peace.

In the return filed by the respondents it was alleged that after the case of the petitioner for parole was initiated, verification was made regarding the conduct of the petitioner and it was found that he did not enjoy good reputation and there were chances of some mishappening in case of his temporary release. It was further alleged that reasons for parole mentioned by the petitioner were also incorrect.

At the time of arguments, none appeared on behalf of the petitioner. I have heard the learned Assistant Advocate General, Punjab, for the respondents and have perused the record.

Under Section 3(1)(c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, a prisoner can be released for a period of six weeks for the purpose of ploughing, sowing or harvesting or carrying on any other agricultural operation on his land & no friend of the petitioner or a member of the prisoner''s family is prepared to help him in this behalf in his absence. The petitioner has not alleged anywhere that he owns land in his native village which was under his cultivation. He has also not disclosed the number of members of his family and whether they were dependent on him. No copy of the jamabandi has been placed on the record to show that some land belongs to him or his father and there was none to help his father in the cultivation of that land. He has simply produced a certificate from the Panchayat, but neither the signature of the Sarpanch are legible nor seal of the Panchayat is complete. It is only a photostat copy of some certificate purported to have been issued by the Panchayat. Unless petitioner shows that he owns land which was lying uncultivated and his children are minor, who are unable to perform agricultural operations, he is not entitled to temporary release for carrying on agricultural pursuits.

As a result, I do not find any merit in this petition and dismiss the same.