Virsa Singh vs State of Punjab and anr.

H. K. Sandhu, J.

Virsa Singh, who is undergoing life imprisonment in Central Jail, Gurdaspur, after he was convicted for an offence under Sec.302 IPC by the learned Additional Sessions Judge, Gurdaspur on 2.5.90 has filed the present petition under Section 482 of the Code of Criminal Procedure read with Article 226/227 of the Constitution of India for grant him six weeks agricultural parole under Section 3(1)(c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962. He alleged that during the period of his detention be never committed any jail offence and his conduct and behaviour remained satisfactory. He requested the authority concerned for the grant of temporary release for a period of six weeks agricultural parole and his request was duly accompanied with a copy of the jamabandi and recommendations of the village panchayat but no action was taken on the same. There was'' no other adult male member in the family who ''could (sic) from the agriculture was the main stay of the family.

The prayer of the petitioner was opposed by the respondents on the ground that he had already availed four weeks parole from 9.4.91 to 8.5.91 as per orders of this Court and be was not eligible for next parole till the expiry of one year from his last release on parole.

It was argued on behalf of the petitioner that earlier during this year the petitioner remained on emergency parole because of illness of his mother as there was no person in the family to attend to her and now the petitioner wants to avail the concession of agricultural parole as he is the only adult male member in the family, who can undertake agricultural operation. The village panchayat had recommended his case. The petitioner had also produced an affidavit of his mother who had sworn that both her sons Virsa Singh and Jagtar Singh are undergoing life imprisonment in the Central Jail. Gurdaspur while her husband Amar Singh died inside the jail. Her third son Harjinder Singh who was in the village was dumb and deaf and was unable to do any work. It was urged that when there are exceptional circumstances then it is not necessary that a period of one year should elapse since the last release on parole. In support of this contention reliance was placed on the case of Sarup Singh v. The State of Punjab and another, 1990(1) Recent Criminal Reports 247.

I find that the petitioner''s family depends on agriculture and they have no other source of income. Unless the land is cultivated the family will suffer great hardship. The other able bodied brother of the petitioner is also in Jail and his father died while he was serving sentence. Harjinder Singh the third brother is not physically fit to carry on the work of agriculture. In these exceptional circumstances, I feel that petition should be allowed.

As a result the respondents are directed to release the petitioner on four weeks parole for agricultural purposes, on his furnishing bond and surety to the satisfaction of Chief Judicial Magistrate, Gurdaspur