Raj vs State of Punjab

R.L. Anand, J.

Smt. Raj wife of Shri Budh Singh has filed the present petition for releasing her on parole for six weeks for meeting her minor children of tender age. According to the petitioner the ages of her three children are 9 years, 6 years and 41/2 years. The grouse of the learned counsel appearing on behalf of the petitioner is that the impugned order Annexure P3 is cryptic in nature and does not disclose the grounds on which the State has rejected the case of the petitioner for parole.

In this case four opportunities had already been granted to the State for filing the written statement and vide orders dated 21.10.1997 Hon''ble Mr. Justice M.L. Koul was pleased to direct the State to file the full decision of the authority rejecting the parole matter of the petitioner before the next date of hearing which was 27.11.1997. In spite of that those directions have not been complied with though a request has been made to comply with those directions. But the fact is that the order Annexure P3 is cryptic in nature and does not disclose any valid basis for the rejecting of the parole case of the present petitioner. A person can only be released on parole under Section 6 of the Punjab Prisoners Good Conduct (Temporary Release) Act, 1988. Even the learned counsel appearing on behalf of the complainant has not been able to suggest that the release of the petitioner will be a threat to the security of the State or it will be a problem to the public law and order. No doubt, the petitioner has been convicted for an offence under Section 302 I.P.C. but it does not debar her to make a prayer for parole. Keeping in view the totality of the circumstances and by setting aside the order Annexure P3, fresh directions are given of the respondents to consider and decide the case of the petitioner for parole and favourable orders may be passed in her favour within 15 days from the receipt of a copy of this order. Directions are given to the respondents to release the petitioner on parole for a period of six weeks so that the petitioner may be able to see her minor children. The petitioner shall execute necessary bail bond and surety bond before the District Magistrate, Ferozepur.

After availing the parole, the petitioner shall surrender before the jail authorities. The petitioner shall not commit any act which may endanger the security of the State and create law and order problem. She will not give threats either directly or indirectly to the complainant or his family members. She would not leave the village without the prior permission of the Chief Judicial Magistrate concerned till she remains on parole. Of course, she can take her children to a doctor in case some medical help is required for the children.

Application allowed.