Vaishnoo Dass vs State of Punjab and anr.

S.S. Grewal, J.

This petition under Articles 226/227 of the Constitution of India relates to grant of parole for house repair to the petitioner, for a period of four weeks'' under Section 3(i)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (hereinafter referred to as the Act).

According to the allegations in the petition, the detenu was convicted and sentenced to undergo imprisonment for life by the Sessions Judge, Amritsar, on 16111967. Parole has been sought on the ground that the house of the petitioner was damaged due to the recent unprecedented heavy rain and the said house needs immediate repairs. There is no other adult able male member in the family of the detenu to carry out the necessary repairs.

This prayer has been opposed on behalf of the State mainly on the ground that the petitioner has already availed of four weeks parole from Ist July, 1988 to Ist August, 1988.

Since the house of the petitioner was damaged in the later half of 1988 due to unprecedented rains, this itself constitutes sufficient cause for granting parole to the petitioner in order to carry out repairs reconstruct his damaged house. Mere fact that he availed of parole for a different purpose earlier, would not stand in the way for granting parole to the petitioner for the specific purpose.

For the foregoing reasons, the petitioner is directed to be released on parole for a period of four weeks under Section 3(1)(d) of the Act, in order to enable him to carry out repairs/reconstruct his damaged house, subject to his furnishing adequate security to the satisfaction of Chief Judicial Magistrate, Amritsar. After the parole period is over, the petitioner shall surrender before the Jail authorities concerned.

JUDGMENT accordingly.