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High Courts(1987) 11 P&H CK 0045

Nirbhai Singh vs State of Punjab and anr.

Punjab And Haryana At Chandigarh · Decided on 27 November 1987 · Citation: (1988) 1 AICLR 176 : (1988) 1 RCR(Criminal) 167

HON’BLE JUDGES
Ujagar Singh, J
CASE NUMBER
Criminal Miscellaneous No. 149 of 1987 in Criminal Writ Petition No. 864 of 1987

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Judgment

7 paragraphs · 381 words

Ujagar Singh, J.

1.

This petition is for release of the petitioner on furlough for 3 weeks on the ground that the Gram Panchyat as has strongly recommended his case for taking care of domestic affairs of the family, as there is no other adult male member in his family. This petition is opposed only on two grounds, first the petitioner was released on emergency parole for two weeks on 7.10.1982 from the Central Jail, Amritsar and he was to surrender on 22.10.1982, which he did not do and he was given jail punishment and secondly, that the petitioner was arrested in a case under Section 25 of the Arms Act and a case is pending against him.

2.

The conviction, as stated in the reply, has landed him in the jail, and because he was convicted, furlough or parole cannot be refused to him, as the Punjab Good Conduct Prisoners'' (Temporary Release) Act, 1962 applies only to those persons who are convicted; sentenced and then sent to jail and because of their conviction for a particular offence, this concession cannot be refused.

3.

Another objection has been raised that the petitioner has not enjoyed peacefully the period of 3 weeks of emergency parole allowed to him earlier. No particulars have been given in support of this allegations, nor has any instance been quoted. Therefore, this reply is too vague to be relied upon for refusing him the furlough.

4.

The jail punishment, mentioned in the reply has already been quashed vide my order dated 18.11.1987, Criminal Writ Petition No. 430 of 1987. Therefore, both the grounds on which opposition is made do not exist in the eye of law.

5.

The petitioner is, thus, granted furlough for three weeks, with effect from the date following the date of his release from jail. The petitioner has to furnish personal bond and surely bond to the satisfaction of the District Magistrate, Amritsar. The Superintendent Jail, Bhatinda to get the relevant papers completed from the petitioner immediately. The petitioner is further directed to furnish personal bond and surety bond, undertaking to keep peace and be of good behaviour during this period of 3 weeks, failing which, his furlough can be curtailed and the amount of personal bond and surety bond forfeited.

JUDGMENT accordingly.