Darbara Singh vs State of Punjab and anr.

G.S. Chahal, J. (Oral)

Darbara Singh, petitioner herein, who has been undergoing life imprisonment under the orders of the learned Sessions Judge. Ropar, dated 2551990, has moved this criminal miscellaneous under Section 482, Cr. P.C, read with Articles 226/227 of the Constitution of India for his release on parole under the Provisions of the Punjab Good Conduct Prisoners (Temporary Release) Act.

The petitioner pleads that he has his wife, 2 children, aged 4 years and 2 years and old parents. He had moved a mercy petition to the jail authorities for the grant of parole which was forwarded to the District Magistrate, Ropar by the Superintendent Jail, Chandigarh. His case has been rejected on the ground that there was apprehension of breach of peace in case of his release on parole.

In the return filed by the respondentauthorities, it is admitted that the case of the petitioner was initiated by the Superintendent Jail on 1521999 but it was rejected by the Inspector General of Prisons after consideration and on the basis of the adverse report by the Senior Superintendent of Police/District Magistrate that the petitioner is a dangerous man who is likely to create terror for others if released on parole. It was also pleaded that 19 other prisoners who had been released on parole from different jails, have not so far surrendered to those jails.

It has been held in various authorities that mere apprehension of breach of peace is no ground to refuse the concession of parole to a convict. In this context, a reference may be made to Jai Singh v. State of Haryana, 1991(1) Recent C. R. 381. The respondent authorities have not placed on record any material to substantiate the fact that the Superintendent Jail has recommended the case of the petitioner to the concerned authorities for allowing parole, will indicate that the conduct of the petitioner inside the jail, after his conviction and sentence, has been good. There are enough safeguards to ensure good conduct of a convict while on parole. I hereby allow the criminal miscellaneous and direct the respondent authorities to release him on parole for four weeks, on his furnishing the requisite bonds to the satisfaction of the District Magistrate, Ropar.